When someone is injured by the negligence or wrongdoing of another individual or entity, a personal injury claim can be filed. Understanding the types of personal injury cases can help victims to navigate the legal system. This guide will explore the most common personal injury claims, and the typical steps involved in filing a suit.
1. Accidents in Motor Vehicles
Motor vehicle accidents are one of the most common types of personal injury cases. Car accidents, truck collisions or motorcycle crashes can all be included. These accidents are often caused by the negligence of another motorist, such as speeding, driving while distracted, or driving under influence.
Legal Process
- Typically, the victim (plaintiff), will file a claim against the insurance company of the driver at fault.
- In the event that a settlement cannot be reached, a lawsuit can be filed by the plaintiff.
- Both parties will gather evidence, such as police reports, medical records and witness statements, during discovery.
- You can settle the case before trial, or you can go to court where a jury or judge will decide fault and determine damages.
2. Slip and fall accidents
Slip and fall claims are included in premises liability cases. These cases occur when someone gets injured because of unsafe conditions, such as uneven surfaces or wet floors. Legally, property owners such as landlords, owners of stores, and even homeowners have the responsibility to make sure their property is safe for guests.
Legal Process
- The injured party has to prove that the owner of the premises was negligent in their maintenance.
- To support your claim, you can use evidence such as photos of the hazardous conditions, surveillance footage and medical records.
- The plaintiff must show that the owner of the property knew about the danger but failed to fix it within a reasonable period.
- Settlements are very common. However, if a settlement cannot be reached, the case could go to trial.
3. Medical Malpractice
When a healthcare provider is negligent, it can cause injury or harm to the patient. Misdiagnosis, surgery errors, improper treatments, and birth injuries can all be involved in these cases. Medical professionals owe a duty to care for their patients. When that duty is broken, the consequences can be devastating.
Legal Process
- Expert testimony is required from other medical professionals to prove that the plaintiff’s claim was directly harmed by the negligence of the healthcare provider.
- In some states, the plaintiff is required to submit his or her case to a medical panel for review before going to court.
- After gathering evidence, a case can be settled or brought to court where both parties will present expert witnesses who will explain whether there was a breach of the standard care.
- In medical malpractice cases, damages can be substantial, including compensation for medical expenses, pain and suffering and lost income.
4. Product Liability
A defective product can cause injury to the consumer. This can include anything from defective car parts, dangerous toys, contaminated food and prescription drugs. All three parties can be held responsible for the sale of a dangerous product.
Legal Process
- Cases of product liability can be brought on the basis of negligence, strict liability or breaching warranty.
- The injured party has to prove that the product is defective and that it caused them injury.
- The case will depend on the evidence, such as the product, expert testimony and proof of impact.
- These cases are often settled out of court like other personal injury claims. However, they can go to trial if an agreement is not reached.
5. Workplace Accidents
Workers’ compensation laws govern most workplace injuries, but in certain cases a worker may be able to file a lawsuit for personal injury. If the injury was caused a third-party, such as by a subcontractor, or defective equipment.
Legal Process
- Workers’ compensation is usually the first thing that an injured worker does. If third party negligence is involved then they can also file a lawsuit for personal injury.
- The evidence gathered includes witness statements, safety records and information about working conditions.
- Damages may include medical costs, lost wages and pain and discomfort.
6. Wrongful death
When a person is killed by the negligence or deliberate actions of another, a wrongful death lawsuit can be filed. The cases can arise in a variety of situations such as car accidents, workplace accidents, or medical malpractice. Families or estates of deceased persons can seek compensation for funeral costs, lost income and emotional distress.
Legal Process
- Typically, the lawsuit is filed by a close relative, such as the spouse, child or executor of a deceased estate.
- In the same way as in other cases of personal injury, the plaintiff has to prove that the defendant was responsible for the death.
- Medical records, witness testimony, and expert opinions are all examples of evidence.
- Most wrongful death claims are settled outside of court. However, if an agreement cannot be reached, the case can go to trial.
7. Assault and Battery
Assault and battery cases are not based on negligence like most personal injury claims. They are intentional acts that cause harm. These cases are filed along with criminal charges. However, the personal injury lawsuit seeks financial compensation, not criminal penalties.
Legal Process
- The plaintiff has to prove that the defendant caused the harm intentionally. This can be done by using witness testimony, medical reports and security footage.
- In civil suits, even if the defendant has been found not guilty, they may still be liable, since the burden of proof in civil cases is lower.
The complexity and type of personal injury claims can vary, but the basic legal process is the same. It involves gathering evidence, proving fault or negligence, and requesting compensation for damages. The success of any personal injury claim, whether it involves medical malpractice, product liability or a car crash, depends on the strength and credibility of the evidence.
Working with an experienced lawyer and understanding the details of your case can increase your chances of success, helping you recover from your injury.
This article was written by a Bonardi & Uzdavinis expert. Bonardi & Uzdavinis LLP, a boutique law firm offering a full range of legal services to its clients. We specialize in real estate, personal injury, and probate. We offer a free evaluation of your case if you are in need of a real estate attorney or Personal injury lawyer .
