California personal injury attorneys


In most personal injury, the primary legal theory behind the case is the legal concept of negligence.

Negligence distinguishes itself from other types of harm by the manner in which the harm is caused. For example it is different from intentional torts such as battery, becuase the harm usually results not from defendant intending to cause harm or do an act which is likely to cause harm, but rather conduct which is merely accidental, careless or the result of inattention.

Types of Negligence

Negligence is generally described as a defendant's breach of a duty of reasonable care that is owed to plaintiff, which results in damage or harm to plaintiff. A defendant found liable for negligence. must pay all damages legally caused to the plaintiff Gross Negligence is considered carelessness which is so great as to be "reckless" and is of a nature that appears to be a conscious violation of other people's right to safety. It might be thought of by some as more than simple inadvertence, but it is just shy of being intentionally evil.

If gross negligence is found by the trier of fact (judge or jury), it can result in the award of punitive damages on top of general and special damages.

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