Defining Tort Law for Our Riverside, CA Clients & Their Families

Many people are familiar with the term tort law, but most need help understanding tort law meaning. They also need to know what impact tort law has on personal injury cases. Below, the Law Offices of Harlan B. Kistler defines tort law for our Riverside, CA clients. Should you have further questions, please don’t hesitate to contact our law firm for a free case review. We’re here to assist with your case!

What Is Tort in Law? A Tort Law Definition You Can Understand

Tort law refers to civil cases of wrongdoing committed by one person against another, which can usually be made right by having the responsible party pay compensation for the damages. A tort is a civil wrong causing harm or loss to another that’s not merely a breach of contract. Tort law attempts to compensate injured parties and sets a precedent for future cases to deter further wrongdoing. Certain torts could see the responsible parties facing jail time, but most seek to compensate the injured parties financially. Examples of wrongdoing could include things that cause physical or economic injury to another, cause pain or suffering, damage a person’s reputation, or violate their constitutional rights or privacy.

How Do Tort Law Cases Work? What Are Tort Law Examples?

Tort law cases typically see an individual filing a lawsuit seeking financial compensation for property damages, medical expenses, economic losses, and/or noneconomic losses such as pain and suffering or loss of enjoyment of life. In the event of a wrongful death, the deceased’s loved ones will file a lawsuit. To have a tort law case, you must prove the injured party’s harm or loss was directly caused by another’s breach of their reasonable duty of care. The most common civil tort law cases involve:

• Negligence
• Product liability
• Civil assault or battery
• Invasion of privacy
• Trespass (to land, real property, personal property, etc.)
• Intentional infliction of emotional or mental distress
• Defamation
• False imprisonment

Are There Different Types of Torts in Law?

Tort laws may differ from state to state, so it’s essential to consult a personal injury attorney familiar with your state’s specific tort laws. However, most of them fall under one of three main categories:

• Intentional Tort – Tort law cases involving intentional tort include ones in which the responsible party knew or should have known their conduct would result in harm.
• Negligent Tort – Negligent tort cases involve circumstances in which the responsible party doesn’t take the proper precaution to keep others safe, and their actions result in harm.
• Strict Responsibility – Strict responsibility often refers to tort law cases involving corporations selling faulty products that cause harm.

What Are Some Common Tort Law Cases?

Many civil tort lawsuits involve negligence. Negligence claims must prove the defendant owed the plaintiff a duty of care that was breached and caused harm or injury to the plaintiff. Negligence in tort law often involves personal injury claims. Injuries do not always have to be physical. While physical injuries to organs, limbs, and other body parts often occur, mental health injuries (emotional pain and suffering) are also considered. Common tort cases involving negligence and personal injury include:

• Slip, trip, or fall accidents
• Car or motorcycle accidents
• Bike or scooter accidents
• Trucking accidents
• Medical malpractice
• Wrongful death

How Is California Tort Law Unique?

California tort law differs from federal tort and other states’ personal injury laws. Under the California Tort Claims Act, individuals must file tort claims against government entities within six months of their personal injury. California has also adopted the concept of comparative negligence, allowing juries to divide blame between defendants and plaintiffs. It’s important to note that plaintiffs may still receive compensation even if they’re more than 50% responsible for their harm. California tort reform is often in the news, as ongoing disputes contend with which acts constitute torts, who can file a lawsuit over these acts, and what financial compensation may be awarded for cases involving these torts.

Why Choose the Law Offices of Harlan B. Kistler?

If you’ve suffered a personal injury, recovery should be your primary concern, not worrying about piling medical bills or missed wages. Hiring an experienced personal injury law firm, such as the Law Offices of Harlan B. Kistler, can help reduce stress and anxiety during recovery. We can help you seek financial compensation for injuries caused by others’ negligence. Harlan B. Kistler has been practicing law since 1989, and our firm has handled the personal injury cases of thousands of clients over the past 30+ years. Browse client testimonials to see why we have many satisfied former clients in the Riverside area.

Discuss the Meaning of Tort Law with Our Law Firm

Do you still have questions regarding the meaning of tort law? The Law Offices of Harlan B. Kistler are experienced with tort law cases and can help you get the compensation you deserve. Contact us today to request a free consultation with our personal injury attorney in Riverside, CA. We’ll work tirelessly on your behalf to ensure your side of the story is told, and you achieve the best possible case outcome.

How the Law Offices of Harlan B. Kistler Can Help

From slip-and-falls to car accidents, broken bones are often caused by circumstances beyond our control. While broken bones aren’t usually life-threatening, they can cause significant pain and discomfort during healing. Impacted bone fractures are one of the most severe types, causing sharp, intense pain and an inability to move the affected bone. If you’ve sustained an impacted fracture in Riverside, CA due to someone else’s negligence, you could be entitled to compensation for medical bills, missed wages, and more. The Law Offices of Harlan B. Kistler is a personal injury law firm experienced with cases involving impacted fractures. Read on to learn more about an impacted fracture definition, causes, and symptoms before giving us a call to schedule your free initial consultation.

What’s an Impacted Fracture? What Causes an Impacted Fracture?

A broken bone, or fracture, may be partial or complete. Fractures may also be categorized as simple or impacted. Impacted fractures occur when a brutal force (such as that from a car accident) causes a bone to not only break but shatter. These fragmented pieces of bone are then driven into each other, leading to further injury. Impacted fractures are commonly caused by car accidents or fall from significant heights because they require extreme force or trauma. Minor falls are not usually among impacted fracture causes. Human bones are resilient, but they weaken with age, making people more susceptible to bone fractures as they age. Common impacted fractures include impacted wrist fractures, impacted radial neck fractures, impacted distal radius fractures, impacted radial head fractures, and impacted hip fractures, which may require a full hip replacement.

What Are the Symptoms of an Impacted Bone Fracture?

While minor bone fractures may fly under the radar and go undetected at first, impacted bone fractures are typically noticed or felt immediately. Impacted fracture x-rays, CT scans, and MRIs can diagnose the type, severity, and location of your broken bones. Seek urgent medical care if you notice any of these common impacted bone fracture symptoms after an accident:

• Sharp, intense pain
• Swelling, bruising, redness, or warmth
• Tenderness to the touch
• Tingling and numbness
• Difficulty or inability to move the affected bone/area
• Difficulty or inability to put weight on the affected area
• Fragments of bone poking through the skin
• Bleeding (if it’s an open fracture)
• Dizziness, faintness, or lightheadedness

What Are the Most Common Impacted Fracture Treatments?

Most bone fractures heal naturally with time and care. Many fractures require wearing a plaster cast or splint while the broken bones realign and heal themselves. Complications may occur if a bone heals in the wrong position or is disrupted during healing. You run the risk of bone deformity, bone or bone marrow infection, or bone death without proper treatment. A person’s age, health, and medical history may impact their ability to heal from an impacted bone fracture.

Impacted fracture treatment may be based on the extent of the injury, the patient’s tolerance, and the patient’s or doctor’s preferences. Because impacted fractures are more complex than regular fractures, surgery may be needed to separate the bone fragments. Pins, rods, and other surgical hardware are often used to help support broken bones while they’re immobilized during the healing process. Physical therapy may be recommended to help the patient regain mobility and strength in the fractured area. If the impacted bone fracture is near a joint, permanent stiffness or arthritis may occur.

Why You Need an Injury Attorney for a Broken Bone Case

If another person’s negligence caused your impacted fracture, you should speak with a personal injury attorney to see what your case is worth. Often, insurance companies may deny claims or attempt to unfairly reduce your compensation when you try to settle without legal representation. Types of bone fracture cases that our skilled personal injury attorney may handle include:

• Car and motorcycle accidents
• Slip-and-falls
• Pedestrian accidents
• Scooter and bike accidents
• Premises liability
• Products liability
• Trucking accidents

How Much Compensation Will I Receive for an Impacted Fracture?

The amount of compensation you may be eligible to receive from an impacted fracture will vary based on the severity of your injury and your total losses. You may be entitled to seek past and future medical expenses, missed wages, loss of future earnings, and permanent disability, as well as compensation for general pain and suffering and lost enjoyment of life. The Law Offices of Harlan B. Kistler is adept at getting the financial compensation our clients deserve. View our client testimonials to see why Riverside residents highly recommend us.

What Is the Filing Deadline for a Personal Injury Claim?

In the state of California, you have two years to file a personal injury claim or lawsuit in civil court. Failure to file a claim within that timeframe may result in case ineligibility. If you accept an insurance settlement, you may also be ineligible to file a claim. Please note – different deadlines apply to personal injury claims involving government liability or negligence. You only have six months or 180 days from your impacted bone fracture injury date to file your claim. Cases involving professional negligence from a healthcare provider must be filed within three years of your personal injury date.

Contact Us to Schedule a No-Cost, No-Obligation Consultation

If you’ve been injured with an impacted fracture and someone else is at fault, the Law Offices of Harlan B. Kistler can help you fight for the financial compensation you deserve. Our personal injury law firm in Riverside, CA operates on a “No recovery – no fee policy.” Reach out today to request a no-cost, no-obligation case evaluation from an experienced legal team you can trust. We’re here for you!

If you are injured after slipping and falling, who should be responsible for your medical costs? A slip and fall attorney in Riverside who takes your case will consider the issue of negligence when determining what kind of damages you should pursue. Negligence is the critical factor that determines who is at fault when someone is injured during a fall.

Watch this video to learn more about the role of negligence in slip and fall cases. Your personal injury lawyer will evaluate whether the owner of the property on which you fell took all reasonable precautions to prevent a fall. Similarly, he or she will also consider if you were negligent in any way that contributed to the fall. If you were partially responsible for the fall, you may still receive compensation, but the amount you get may be reduced to account for your actions.

When a loved one dies due to the negligence or unlawful actions of a police officer, it can be difficult to know where to turn. During this confusing time, it is essential to get the assistance of an accident and injury attorney in Riverside with experience in government liability cases . If you suspect that your loved one’s death was the result of wrongful actions by police officers, here are the answers to some questions that may be on your mind.

How do I know if my loved one’s death qualified as a wrongful death?

The best way to understand your loved one’s case is to review the details with an experienced attorney, who can investigate the facts and help you decide how to proceed. There are several factors that can contribute to wrongful death, from actions that deprived your loved one of his or her civil rights to negligent behavior on the part of the police that contributed to the death. For instance, using excessive force and denying medical care may both fall into the category of wrongful death. Inadequate training by the police department is another issue that can arise. Your attorney will look at all of the circumstances involved in the case to help you decide if you should file a lawsuit.

Are these cases filed in state or federal court?

Wrongful death cases involving police officers can be tried in both state and federal court, depending on the nature of the complaint. If you claim that the officer violated your loved one’s civil rights, then the case will be held in federal court. A case involving improper training may be heard in state court. Your attorney will help you determine the right venue for filing the case.

What kinds of damages are likely to be paid?

This amount varies dramatically depending on the details of the case and whether it goes to trial or is settled outside of court. It also depends on the jurisdiction and if there are any local immunity laws for police officers and departments.

You are entitled to the right to use your private property without interference, or nuisance. Private nuisance lawsuits deal with this right to use your own space without any unreasonable obstructions. If you believe that a person or entity is interfering with your enjoyment of your property, an attorney in Riverside can help you file a private nuisance complaint.

Private nuisance lawsuits may arise between neighbors when one neighbor claims that the other neighbor’s actions are preventing him or her from getting the full enjoyment of his or her home. For example, if a neighbor installs a bright light that shines in your bedroom all night and refuses to make any adjustments, your lawyer may recommend that you file a private nuisance case. Other actions, such as pollution of your property, excessive sound, or extreme and ongoing foul odors, can also fall into the category of private nuisances. Discuss your situation with an attorney to determine if your circumstances meet the criteria for filing a private nuisance lawsuit.

Cat bites can cause serious injuries and infections. As with dog bites, the owner of the cat may be liable for your injury, and you may be eligible to receive damages in a personal injury lawsuit. If you are the victim of a cat bite, consult with a personal injury attorney in Riverside to determine if you could be eligible for compensation for your medical bills, lost wages, and pain and suffering. Here is what you need to know.

Cat bites are serious.

Although cat bites may seem less significant on the surface than dog bites, they should still be taken seriously. Cats’ teeth are extremely sharp, which means that they can pierce deep layers of tissue, and the bacteria in their mouths can cause infections. The bacteria that you may be exposed to during a cat bite can lead to septicemia, or blood poisoning, which is a serious medical condition that usually requires hospitalization. If you are bitten by a cat, you should clean the wound and seek medical care as soon as possible. Without treatment, you could develop an infection within as few as 24 hours.

The cat’s owner may be responsible for your expenses.

After a cat bite, consult with a personal injury attorney to discuss your case and understand your options. If the cat owner was negligent in preventing the bite from occurring, he or she could be held responsible. Depending on where you live, the owner may be responsible regardless of the cat’s history of behavior, or you may need to demonstrate that the owner should have known that the cat was aggressive based on the animal’s actions in the past.

You should document the injury.

If you plan to contact a personal injury attorney, document the circumstances of the bite and the injury as soon as possible. Visit a doctor and get a copy of the medical records for your lawyer to review. The more proof and information you can provide your attorney, the easier it will be for him or her to make your case.

After your accident lawyer files a lawsuit in Riverside, you may be presented with the option to settle the case before it goes to trial. A settlement is an agreement in which the plaintiff receives an agreed upon sum of money in exchange for dropping the case. Every case is unique. Talk to your car accident lawyer about the specifics of your case to determine if accepting the settlement offer might be better than taking your chances with a trial.

Watch this video to learn more about settling your accident lawsuit. You’ll hear how liability factors may play a role, as well as how the involvement of an insurance company might affect a settlement offer. If the defendant is alleged to have acted in a particularly egregious manner, then he or she may be more willing to settle for a higher amount.

Accident lawsuits filed in Riverside aren’t always brought by the victim of the accident. If the victim dies, his or her family may file the claim. Wrongful death lawsuits give surviving family members the opportunity to pursue justice on behalf of their lost loved one. Families should take care to choose an accident injury attorney who has experience litigating wrongful death cases, as complex, unique issues can arise. These include the physician-patient relationship, and the right to preserve the confidentiality of medical information.

Medical Records

In any accident lawsuit, the victim’s medical records play a crucial role. They serve to establish the type of injuries, severity of symptoms, and causation of injuries. Medical records can even be a factor in calculating non-economic damages like pain and suffering. This is because the more serious the injury is, the higher the non-economic damages are likely to be. In cases in which the accident victim survives, he or she can simply sign a waiver to release these medical records. Wrongful death cases aren’t this straightforward, however.

Physician-Patient Privilege

Federal and state laws protect the confidentiality of medical information. Physicians cannot legally share a patient’s medical information with anyone unless that person consents. This doesn’t apply to all medical information, only the data that is labeled “protected health information” under HIPAA. This includes individually identifiable data that isn’t readily available from other sources, such as records filed with the person’s employer or educational institution. Even after a person dies, the physician-patient privilege continues—but it isn’t absolute.

Medical Record Waiver

Depending on the laws of the individual state, an accident attorney can still access medical records if an official waiver is authorized. The decedent’s surviving spouse, other next of kin, or personal representative may be authorized to waive the physician-patient privilege.

Health Information Scope

A valid waiver doesn’t necessarily mean that all of the medical records for the decedent’s lifetime can be released. The decedent’s personal representative or next of kin must take care to ensure that the only medical records that are released are the ones that are relevant to the wrongful death lawsuit.

All damages are money paid to a plaintiff to compensate him or her for losses that were caused by the negligent or intentional behavior of the defendant. Your personal injury lawyer in Riverside can clear up any confusion you might have about the different types of damages. Economic damages, for instance, are damages intended to compensate you for the monetary losses that can be objectively verified. These include your past and future medical expenses, lost wages, loss of future wages, and property damage expenses. In short, any damages from your trip and fall accident that can easily be added up with a calculator are economic damages.

Some slip and fall injuries cause harm that cannot be objectively calculated. These damages are non-economic. For instance, your personal injury lawyer may request damages for your pain and suffering caused by the injury, as well as your mental anguish. In a wrongful death lawsuit, the lawyer may request compensation for the family’s loss of companionship and support, and a surviving spouse may request damages for the loss of consortium.