Grounds for Personal Injury Claims

When a person is injured and another person or a business entity is at fault, the injured party may be able to seek financial compensation from the at-fault party by way of a personal injury lawsuit. To take legal action, however, the injured party must establish "grounds" to move forward with a case. The definition of grounds in this context is a basis or foundation for a certain action or argument. For example, one could not simply claim that another person was responsible for their injuries. They must give a reason why. In a personal injury claim, the following grounds may be used:

Intentional Conduct
The at-fault party acted intentionally (willfully; with knowledge of what was occurring) and performed an act either with the intent to cause harm or with the knowledge that the act could cause another harm. An example may be a person who attacks another person with a baseball bat. In addition to facing criminal charges for assault, the attacker may face a civil lawsuit from the victim. Read more about intentional conduct.

Negligence
Negligence is described as a failure to exercise care that a reasonably prudent person would exercise in the same or similar circumstances. An example of negligence leading to personal injury may be a driver who is talking on the phone or texting while driving. If that driver runs a red light and strikes a pedestrian, this may be considered negligence and may give the injured pedestrian grounds for a personal injury lawsuit against the driver. Read more about negligence.

Strict Liability
Defined as legal accountability imposed without regard to fault, strict liability may be utilized as grounds for a personal injury claim in limited circumstances. Most often, this applies in cases involving defective products. Manufacturers may be held legally accountable for injuries caused by defective products without regard to specific intent or negligence. In California, dog owners may also be held strictly liable for injuries their dogs inflict on others. Read more about strict liability.

Do you have a case? Contact a San Diego injury lawyer to find out!

If you were injured and would like to determine whether you have grounds for a personal injury claim against the party that caused your injuries, now is the time to schedule a free, confidential consultation with a San Diego personal injury attorney. At the Law Office of Mark Bush, we realize that you have been through a lot. We are here to provide you with friendly and knowledgeable guidance in order to help you make the right choices about your case. We can help determine whether you have grounds for a claim based upon negligence, intentional conduct or strict liability.

Contact a San Diego injury lawyer today for your free case review.