8 Most Common Types of Personal Injury Cases
Personal injury is a complex and vast field of law that includes a cluster of different categories. Within the US some of the most common types of personal injury cases are motor vehicle accidents, medical malpractice, product liability, premises liability, and wrongful death cases. Depending on the category and also the state laws, procedures for filing a lawsuit may differ.
1. Car Accidents
The vast majority of personal injury cases in the US are related to car accidents. If the traffic accident was caused by the carelessness or recklessness of the other driver, they might be held liable for the incident. This, in turn, will also lead to the financial responsibility of covering the damages and injury suffered by the victim.
Some states have a “no-fault” rule, which means that regardless of who’s fault the accident was, each driver is responsible for seeking financial support from their insurance provider. Still, there are some exceptions in these cases as well, like when the victim was seriously injured.
2. Motorcycle Accidents
The number of people who die in motorcycle crashes in a year is around 5,000. Several factors contribute to these high numbers, many of which have to do with vehicle characteristics. A motorcycle is much smaller than a car and can be difficult to spot by other drivers on the road. What is more, the rider is more exposed to injury, as it lacks some of the safety features that a car has, for example.
When a motorcyclist is involved in a traffic accident, it is recommended to seek legal counsel from Rutherfordton personal injury attorney. A qualified lawyer can help guide the proceedings related to a lawsuit and increase the chances of getting a high financial compensation for damages.
3. Truck Accidents
Truck drivers are exposed to a high risk of traffic accidents. The implications for them are even greater, as their livelihood depends on driving. Many of the accidents can be attributed to human error, but a fair share is due to mechanical errors as well. Drivers must stay alert and practice safe driving under challenging work conditions. They are often on the road for long hours, working in shifts, which might take a toll on the quality of their sleep and diet.
What is more, the size and weight of the vehicle make it harder to maneuver. Truck drivers do not have the luxury of avoiding the road in bad weather, thus further exposing themselves to traffic accidents.
4. Workplace Accidents
Employers have a legal responsibility to ensure the safety and well-being of their employees. The Workers’ Compensation insurance is meant to address and cover work-related injuries. If an employee is covered, they may no longer file a lawsuit against the employer.
There are a set of conditions to be met for an accident to qualify for this, including that it has to occur during work time and on work property. However, there might be certain exceptions to these as well, like going to a business meeting.
5. Medical Malpractice
The healthcare system is meant to be a safe refuge when people are affected by health problems. Still, medical experts can also harm their patients. When these injuries are due to negligence or inexperience, the victim may receive compensation for the pain and suffering endured.
Medical error can appear at any stage while the patient is under the care of a physician. These are some of the main types of mistakes that can occur:
● Misdiagnosis
● Surgical errors
● Improper treatment
● Mistakes in prescribing medication
● Lack of (or improper) follow-ups
It is important to note that not all medical errors qualify for a personal injury lawsuit. Also, there are a series of procedures leading up to filing the actual claim. A plaintiff might be required to file a certificate of merit or go through the formalities of requesting a screening panel. These requirements may vary between states, so contact your lawyer to cover this aspect.
6. Premises Liability
Property owners and operators have a legal responsibility for the safekeeping of the premises. Thus, they might be held legally liable for injuries suffered by other people on their property. These rules apply to both commercial spaces and personal property. However, there are differences in how these cases should be approached. Some of the most common incidents include slip and falls, fire hazards, falling equipment, or insufficient site security.
7. Product Liability
When a person is injured on account of a faulty product, the case qualifies under product liability. The victim can file against different business entities involved in the design, manufacturing, or distribution of the product in question to receive compensation. Injury can also be on account of inadequate operation manuals or incomplete warning labels.
Product liability cases often revolve around the following items:
● Food products
● Medication
● Children’s products
● Consumer goods
If the injury was caused by unavoidable dangers, it might not offer sufficient grounds for a lawsuit. Therefore, it is best to discuss the specifics of your case with a qualified personal injury lawyer before taking any legal action.
8. Wrongful Death
A distinct category applies to those personal injury cases that result in the victim losing their life. Any of the above-mentioned categories may lead to a fatality, and in that case, a different set of legal procedures apply. Filing for a wrongful death claim may offer the surviving relatives access to a unique set of damages that differ from other personal injury cases.
The List Goes on
This list is by no means exhaustive. There are plenty of other types of personal injuries not covered here, including dog bites, birth injuries, and pedestrian injuries. To learn more about these and what steps to take to file a personal injury case, contact a lawyer.
The bottom line is that when you fall victim to the negligence or recklessness of another (be that a person or a business), you should go over the case with a legal expert. Based on the state legislature and the type of case, they will recommend the appropriate course to take to secure fair compensation.
