When someone is in the wrong and injures you or damages your property, that person must pay you for the damage done. This is only fair; we expect others to pay for any damages they cause us, just as they expect us to pay if we harm them or their property.
But the mere fact that someone injures you or damages your property does not automatically mean that that person has committed a tort and must pay for your damages. A person must pay for your damages only if he or she was somehow at fault. Some accidents are truly unavoidable; they happen even though everyone involved was paying attention and no one was at fault. When that happens, each party involved bears the cost of his or her own injuries and damage. A person is responsible for your injuries and damage only if his or her conduct is “tortious” of such a nature that it is fair to make him or her pay for your damages. The three types of tortious conduct, are (1) negligence; (2) intentional misconduct; and (3) strict liability.
Most of the time, the victim of tort is compensated by a sum of money for the injuries and damage he or she suffers. Usually the sum includes damage for any medical expenses, lost wages for any time the person is out of work, “pain and suffering,” and the cost of repairing or replacing any damaged property. Money is admittedly a poor substitute for some things–a lost arm, for instance–but what else is there? In some cases, such as nuisance or trespass, you can go to court to get an injunction ordering the person to stop committing the tort.
If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced Sacramento auto accident attorney to discuss your legal options.
The Weinberger Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury. Call (916) 357-6767 today for a free consultation regarding your Sacramento personal injury case.