Personal Injury, otherwise known as tort law, is the legal practice of a victim seeking reimbursement for injury, from the person, persons or company that caused the injury to occur. A tort is defined as a civil or wrongful act whether intentional or accidental that causes injury to another.

A tort is described as a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Torts fall under three categories:

• Intentional - Injuries that are inflicted on purpose.
• Negligence - When injuries are caused by an accident.
• Strict Liability - Selling, marketing, or manufacturing a product causing injury

The most common grounds for a civil lawsuit involve negligence. These include motor vehicle accidents, motorcycle accidents, pedestrian accidents, swimming and diving accidents, boating accidents and premises liability (slip and fall) accidents. When an accident occurs due to negligence, the injured party may file a claim against the negligent party to recover all their damages. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment and in certain cases, punitive damages.

In order to prove negligence, you must support your claim with the following facts:

• Negligence - The other party was negligent.
• Causation - Their negligence caused the accident.
• Damages - You suffered damages as a result of the accident.

It is also imperative that you file your claim within the statute of limitations, the time allotted by the State of California to file a claim for injury. The California statute of limitations for negligent tort cases has generally been one year, however, new legislation effective January 1, 2003 has now extended the statute of limitations to 2 years.

California's statute of limitations in negligent tort cases starts on the date of the injury (for example a motor vehicle accident) or on the date that you determine an injury has occurred (for example a pharmaceutical side effect). Since it is unclear whether or not the revised law extends to injuries sustained prior to January 1, 2003, we strongly recommend that you contact our office immediately following the incident.

Moses A. Cohen, Attorney at Law provide sophisticated, personalized legal representation for almost any type of injury. We not only handle claims for plaintiffs with obvious injuries, but we are also willing pursue the more challenging and less obvious injuries such as a traumatic brain injury.

Moses A. Cohen, Attorney at Law believes that in order to represent our clients in the best possible manner, our firm must have an understanding of the human anatomy and how it responds to an injury. Therefore, through experience and education, our firm is able to expertly evaluate medical injuries and pursue personal injury claims on behalf of the injured plaintiff.

While proving a physical, emotional, or cognitive injury can be difficult, our experienced and knowledgeable attorneys and staff are able to undertake difficult cases and prevail, convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. Our law firm is committed to protecting our client's rights and producing results!