The National Center for Health Statistics reports that 27.7 million Americans visit emergency rooms for unintentional personal injuries each year, and a staggering 121,599 people die each year from those unintentional personal injuries. The lesson to be learned from these statistics is that millions of Americans each year suffer bodily and emotional harm through negligence and defective consumer products
Personal injury can come like a thief in the night. An irregular stair step, a bit of frayed carpet, a botched repair, an impaired automobile driver, a defective consumer product -- each threatens suffering, anguish and hardship.
In California the number one cause of death among people ages 25 to 34 is unintentional injury: a shocking 1,355 people died in 2006 alone from unintentional injuries. The most common cause of these unintentional injuries is motor vehicle accidents, followed closely by unintentional poisoning, drowning and falls. In 2006 692 people between the ages of 25 and 34 died in motor vehicle accidents, while another 381 died from unintentional poisoning and 13 from falls that year.
It is important to understand the terminology involved in a personal injury claim. A claim of personal injury refers to a variety of tort lawsuit, or a lawsuit that addresses civil wrongs, alleging that a plaintiff’s injury has been caused by one type of negligence or another. In other words, personal injury law grants you compensation when another person’s intentional misconduct, recklessness or carelessness injures or damages you or your personal belongings. Injuries in personal injury claims can refer to any damage to the body, mind or emotions. Medical and dental accidents also fall under personal injury and usually lead to medical negligence claims.
Automobile accidents caused by negligence are a frequent cause of personal injury claims. Motor vehicle crashes continue to be the leading cause of personal injury and death in the United States. The statistics are sobering: According to The National Highway Traffic Safety Administration, a motor vehicle accident happens every ten seconds. In 2008 alone an estimated 37,261 people were killed and another 2,350,000 injured in traffic accidents.
If your accident involves a motor vehicle fault is usually determined by the law of negligence. Drivers must exercise a standard called “reasonable care under the circumstances” when driving a car. The law of negligence dictates that if a driver fails to exercise this standard and negligently operates a vehicle in such a manner that damages to another person or property result, the guilty party must pay any damages incurred from their act of negligence.
Negligence can be attributed to a number of factors, including:
- Excessive speed
- Failure to heed traffic signals or signs
- Alcohol or drug abuse
California law dictates that, if a fatality results from an act of negligence carried out while operating a motor vehicle, the driver of that motor vehicle can be charged with vehicular manslaughter. And the punishment for vehicular manslaughter is heavy; a driver thusly convicted in California can receive a prison term of up to ten years.
Consumer products can also cause personal injury. Imagine you just purchased a new rototiller, but upon using it for the first time, the motor flies apart and injures you. This scenario offers a telling glimpse of how product liability and personal injury intersect: a product proves defective and causes injury to your person. In such a case, you’ll most likely file a claim of strict liability. A claim of strict liability focuses on the defective product rather than any negligence on the manufacturer’s part, decreeing that the manufacturer is responsible for a defective product even if there is no evidence of negligence. Most states have laws on their books that limit how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws.
It is vitally important that you seek legal counsel soon after suffering personal injury from an accident or defective product in California. California law dictates that personal injury and negligence claims must be made within two years of discovery. At Wattel & York we use our extensive experience in personal injury litigation to ensure you receive adequate compensation for the pain and suffering incurred from a personal injury accident. The attorneys at Wattel & York will work with you to determine the cause of fault in your personal injury claim. We make sure you receive full compensation for any pain and suffering caused by the accident.
But our services go beyond just ensuring you receive adequate compensation for the pain and suffering cause by your personal injury. Wattel & York will also find the right medical specialist for your injuries and we will work with that specialist to ensure that payment is delayed until your case is completed by settlement or trial.
If you or someone you know has suffered personal injury in California, call Wattel & York, Attorneys At Law. You can easily reach us toll-free at (877) 572-4143, or you can submit a simple case form on our website. Our offices are located in Pasadena and Torrance.
An initial consultation is free of charge. We work on a contingent fee basis. If we take your case, you pay us only if you receive a monetary reward or recovery of fees. Don’t hesitate any longer; a lawsuit must be filed before the statute of limitations expires. Call us now, because you may have a valid claim entitling you to compensation for the injuries, pain and suffering caused by a personal injury.