Personal injury law, known as tort law, is rightfully the solace of an injured claimant who, if someone else’s negligent or deliberate act harms him/her, has a legal case against the offender to seek compensation for damages. Thus, it is good to know the kinds of personal injury cases. Knowledge of the common types of personal injury cases can only ease matters. There are different events that would lead to an injury before a legitimate personal injury claim; however, it must be kept in mind that there should not be any incident wherein injury occurs that gives rise to liability. However, injuries must arise from negligence or be inflicted intentionally to be actionable at law.
Basic knowledge of these various types of personal injury cases will help one navigate through the multi-layered world of personal injury law justly and claim the compensation to which one is entitled whenever such an injury happens.
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10 Most Common Types of Personal Injury Cases
Whether automobile accidents, workplace injuries, slipping on poorly maintained floors, or injuries from faulty products, common types of personal injury cases come in a myriad of forms. In fact, learning the different types of scenarios will give one the power to realize some of these incidents in which they might potentially have a legal claim, as well as the way they go about pursuing the justice they rightfully deserve.
1. Car Accidents
Car accidents rank as top contenders in the normally predominant personal injury venues across the globe. They happen almost every day, owing to several reasons, including distraction by cellphones, speeding, reckless driving, and driving under the influence.
The injured side in a personal injury case due to an auto accident usually claims damages against another party that they deem to be at fault. It can be another driver, a manufacturer of the car, or indeed a governmental entity in command of the road’s conditions. Most often, these cases are centered around proving negligence, that is, showing that the at-fault party failed to provide reasonable care on the road.
Usually, professional medical care has to be sought after any car accident; accident scene documentation conducted along with witness consultations needs to be carried out by a good personal injury attorney. This groundwork can play a very significant role in achieving good results in your case.
2. Slip and Fall Cases
The other type of personal injury case that broadly describes ‘slip and fall‘ incidents is categorized under ‘premises liability.’ Simply put, under the law, owners and/or occupiers of property are liable for injuries caused to a person on such property by unsafe conditions.
This includes wet floors or uneven surfaces and poorly lit areas, poor visibility, and anything else that was either known to the owner or should have been known to be a danger. The cause of action for such cases generally involves proving negligence in maintaining the premises or failure to warn visitors against the dust.
3. Medical Malpractice
In terms of personal injury types, medical malpractice will come first. This is when a medical practitioner, such as a doctor, nurse, or technician, fails to offer the patient the appropriate medical care that he or she should have provided; hence, the injury arises. Examples of this are errors in surgery, wrong diagnosis, bad aftercare, or incorrect medication dosage.
Medical professionals owe a duty of care to their patients, and breach of this duty may lead to injury, thus making that a ground for a case on medical malpractice. However, it should also be understood that any bad outcome from medical treatment does not constitute acts of malpractice in itself.
4. Product Liability
Another common types of personal injury are usually referred to as product liability. When a consumer is harmed due to a product that is considered defective. The defect may be in the design, the manufacturing, or the insufficient instructions or warnings. The duty and responsibility of the manufacturer, distributor, and retailer is to ensure that safe products are put on the market.
If these requirements are not met and a consumer is harmed, they can be held liable. This type of product liability claim can involve dangerous drugs and defective automobile parts, or may cause injury or even death.
5. Injuries Occurring at Work
Another highly popular type of personal injury is workplace accidents. They can happen in all locations, from buildings to construction sites, and involve injured victims due to slips and falls, accidents with machines, exposure to harmful materials, or repetitive stress.
Each employer owes its employees a duty to provide a safe system of work. Failure to provide a safe system may result in liability for negligence in respect to any injury that occurs. Typically, to assist injured employees, workers’ compensation offers a benefits package, though there are instances when it is appropriate to consider personal injury claims.
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6. Dog Bites
Speaking in more common types of personal injury examples, rather surprisingly, is the dog bite scenario. Dog bite legislation differs from one state to another; however, most would hold the dog owners strictly liable for the bites and injuries caused by their animals. Thus, the dog owner could be found liable without a requirement for realizing that the dog was dangerous or injurious.
7. Assault, Battery, and Other Intentional Torts
Personal injury law does not just include accidents; it also includes intent. These include assault, battery, and other intentional torts, which are deliberately acting against another with harm.
An assault can lead to a criminal charge against the instigator, but it may also give the victim a basis to sue for personal injury, including damages such as medical expenses, lost wages, and compensation for pain and suffering.
8. The Wrong of Libel and Slander
Defamation, comprising libel (written words) and slander (spoken words), is another discipline of personal injury. When falsehoods tend to injure the reputation of another individual, the circumstances arise.
9. Pedestrian Accidents
Pedestrian accidents carry the same weight as any other personal injury claim. They often result in severe injuries or even death when a vehicle strikes a pedestrian. The law requires drivers to exercise reasonable care, and in most cases, if negligence is proven and a pedestrian suffers injury, the court awards damages to the victim. Common causes of these accidents include speeding, distracted driving, and failing to yield to pedestrians.
10. Bicycle Accidents
Bicycle accidents are also categorized as personal injury claims. The same causes would include distracted driving, poor road conditions, and even the vehicles failing to yield right of way to the bike operators, which leads to serious injuries. Just like in other personal injuries, the person injured in bicycle accidents may also sue for a claim of medical expenses, pain and suffering, and other damages.
Summing Up!
Tenina Law walks with you to give you the backup you need when someone has injured you. Passing through the legal route after everything you have gone through makes it really difficult without having someone with know-how behind you. From claims involving car accidents to cases of medical malpractice—two of the most common types of personal injury—we stand and fight for your rights until we achieve a just resolution.
Today, Tenina Law will begin the pursuit of justice on your behalf with a free in-house consultation about your case.
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FAQs: About Personal Injury Cases
1: What Actions Should I Take Immediately After the Accident To Protect My Claim for Personal Injury?
First, the injured person should seek medical assistance, document the accident scene, obtain the names, addresses, and phone numbers of witnesses, and then consult with an attorney. The sooner you involve your attorney, the more solidified your claim will be.
2: What Would Be a Reason To Say That There Is a Personal Injury Case?
A case can only be made when it has been proven that a party was negligent, had an unsafe condition, or had made an intentional act causing injury. One key consultation with Tenina Law will provide insight into the viability of your case.
3: What Damages Can Be Awarded to the Injured Party in a Personal Injury Suit?
The injured plaintiff may receive compensation for medical expenses, lost salaries, pain and suffering, property damage, and sometimes punitive damages.
