Sexual harassment lawsuits are based on State or Federal laws. California laws are much more in favor of employees’ rights than the Federal Laws. However, personal injury lawsuits are based upon English Common law, which is incorporated into State laws. California has its personal injury laws, which may differ from laws in other states.
Personal Injury Vs. Sexual Harassment Cases
Personal injury suits are generally based upon negligence as defined by statutes. Automobile accidents are the most common form of personal injury lawsuits. Personal injuries are generally easier to prove. For example, if your car is hit from behind by another car, the driver would be at fault for your injuries.
On the other hand, sexual harassment lawsuits are generally based upon intentional acts upon victims, not negligence. Sexual harassment cases have to be proved by witnesses or documents. People who commit sexual harassment make efforts not to be caught.
The damages for a personal injury suit are called pain and suffering, and they are measured by the number of medical bills. In sexual harassment lawsuits, these damages are called emotional distress. It is easier to prove physical injuries rather than emotional injuries.
The winners in personal injury cases are not entitled to attorney fees, whereas, in sexual harassment cases, the victims are entitled to attorney fees.