Saturday, July 2, 2022

The Most Common Types of Personal Injury Cases

When you think about personal injury cases, it’s easy to imagine car accidents and slips and falls. But there are many types of personal injury cases that people have to deal with daily. Whether you were in an accident or hurt yourself at home, you need the right lawyer to handle your case.

When you’re hurt in an accident by someone’s else negligence, you need the right personal injury lawyer to handle your case. In this blog post, we will discuss the most common types of personal injury cases. Read on to find out more. Read to learn more.

Auto Accident Injury

Car accidents are behind a majority of personal injury cases in the United States. In 2020, there were over 4.7 million nonfatal medically consulted injuries.

Auto accidents occur when a driver either slams into another vehicle or vice versa.

The most common types of negligence auto accidents are:

  • Rear-ending
  • Sideswiping
  • Head-on collision

The most common injuries resulting from these car accidents include:

  • broken bones
  • cuts and bruises
  • brain injury
  • Whiplash
  • Head trauma

Car accident victims have to deal with expensive medical bills and pain and suffering stemming from these injuries. If you believe that you were suffered severe injuries due to someone else’s negligence, then filing for compensation may be worth it.

However, you should be aware of no-fault states. Here, drivers must carry personal injury protection insurance (PIP) that will cover some or all of the expenses for injuries.

Slip and Fall Cases

These are also among the most common types of personal injury cases. In these types of accidents, a person slips and falls due to an unsafe condition created by someone else. It could also be because they were not given a proper warning about it in advance. 

Slips and falls could result in serious injuries such as broken bones, brain damage, and much more.

Property owners should take steps to warn visitors of any dangers that may be present. When property owners fail to do so, they are liable for the damage that occurs. 

Suppose you got injured in this type of situation. In that case, contact an experienced personal injury lawyer like (kemprugegreen.com) as soon as possible before the statute of limitations expires.

The property owner’s liability depends on the cause of your personal injuries. If it was due to a sudden, unexpected occurrence on their property (such as something falling off a shelf), the owner is not liable for any injuries.

Medical Malpractice

Anyone injured or has fallen ill due to a negligent act by a medical practitioner can file a medical malpractice claim. When filing this case, you need to show how your condition worsened due to the medical practitioner’s negligence.

But just because you didn’t get the desired outcome from the medical treatment doesn’t mean you have grounds for a personal injury case. So, what qualifies as medical practice?

The medical practitioner was aware of the risks associated with their actions and made a conscious decision to proceed anyway. They did not provide an appropriate level of care in that they failed to diagnose or treat your condition as required. You lost function or sensation because of the mistakes of this physician.

Example: A doctor who does not correctly prescribe the right antibiotics for you after surgery will be at fault if your infection becomes more serious.

Defamation

The law defines libel and slander as untrue statements made public about someone.

Libel is the publication of defamatory material in a written or online format, such as on blogs or social media sites. Slander can be spoken publicly, but it can also include spreading rumors to other people and making them believe it’s true. A typical example would be hate speech.

Libel Proved by Publication to Third Party: Firstly, the plaintiff must show the defendant published false information. Secondly, there must prove that it was reasonably foreseeable that the publication would reach third parties who were likely to believe its content.

Published but Not Reasonable Foreseeable: If there’s no evidence of actual public exposure, such as widespread media coverage, then mere repetition of defamatory material may suffice for injury.

Slander Proved by the Publishing of Oral Statements: The plaintiff must show that the defendant made a false oral statement, and it was reasonably foreseeable that third parties would overhear.

The difference between libel and slander lies in how it is said. In both cases, plaintiffs have to prove harm inflicted because others believed what the defendants said about them to win damages for defamation.

Slander and libel can also be personal injury if it has caused severe emotional distress, mental anguish, or loss of reputation.

Dog Bites

In most dog bite cases, the person bitten cannot prove injury because there are no human witnesses, and animals cannot testify in court.

For a dog owner to be liable, it must be proven that they were negligent. This could be by not keeping their animal restrained. The elements of negligence include:

  • Duty owed 
  • Breach of duty
  • Resulting damages from the breach

Duty Owed 

There is always an implied legal duty on every owner of an animal. They need to take reasonable steps necessary to protect others against known dangers created by them. This includes measures like ensuring that dogs are trained and obedient.

Breach of Duty

For a dog owner to be liable under personal injury law, there must be proof that they were negligent by not keeping their animal restrained or confined so as not to cause harm. If the defendant is guilty of negligence and breaches his duty owed, he or she has violated this element.

Resulting Damages from Breach

The plaintiff will need to establish damages for an award of compensation. It is also known as actual damages caused by negligence.

Intentional Torts: Assault and Battery

Intentional torts are wrongs done by one person to another that are either willful, wanton, or intentional. Assault is the threat of violence against a person, while battery is unlawful physical contact with the victim. This includes any unwanted or unconsented touching, such as pushing someone or spitting on them.

You can commit intentional torts verbally, via text message, emailing an inappropriate photo without consent, and other similar communications. Such acts would constitute assault in some form because it violates someone’s personal space and can cause lasting psychological damage.

These cases can also take a criminal angle if the assailant has committed an assault with a deadly weapon or found that there was intent to harm.

Workplace Accidents

According to a 2020 report, 2.8 workplace injuries happen for every 100 employees. They happen when an employee has been hurt while carrying out their work duties. These types of cases also include discrimination which can lead to stress-related illness.

The injured party needs to show that they were not at fault for receiving compensation from their employer.

However, there are also types of work-related injuries that can happen to non-employees but occurs on company property. These accidents would qualify as personal injury cases too.

Employers have to make sure that the workplace is safe for employees. And there are many legal obligations that employers must uphold when it comes to safety. These can be anything from equipment being appropriate for use or warning signs around dangerous machinery.

Construction Injuries

The construction industry is one of the most dangerous fields to work in. The most common accidents are falls and electrocutions.

Even though there is always some risk of injury when working at heights or with electricity, employers must take steps to minimize it. They need to use safety equipment, like a fall protection harness, and train workers about safety habits.

If the employer does not take these steps, any accident is treated as negligence. The injured person is likely to suffer bodily injuries and financial loss. A hurt person needs time off work, which means no paycheck for them.

Product Liability

Manufacturers are responsible for creating products that are safe and free from defects. For example, if a company designs a product in such a way that it poses an unreasonable risk of harm to the user or others nearby, then this could be considered defective.

Individuals who have been injured by dangerous materials can sue the manufacturer on the grounds of negligence. The manufacturer should not have allowed those items onto the market, knowing how unsafe they were.

Work With a Lawyer on Personal Injury Cases

If you or someone you know got injured in an accident, it can be challenging to understand the options available for compensation. Personal injury cases are usually classified as either financial loss or physical harm. To make your case and have the best chance at recovering damages, you must work with the best injury attorney.

For more interesting legal and lifestyle articles, keep exploring our blog.

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