Every year across the United States millions of people are injured in road accidents, pedestrian accidents, slip and fall hazards and more.
The startling reality is that much of these accidents are caused by other people, and by no fault of their own. This is where personal injury law, also known as tort law, comes into play.
If you’ve recently sustained an injury caused by someone else, here are 7 common types of personal injury cases which could be similar to yours…
Why Submit a Personal Injury Claim?
If you’ve been in an accident caused by someone else why should you have to foot the bill for pain and suffering, therapy or lost income? This is why tort law exists.
Personal injury law helps you to regain your independence and get your life back on track after an accident caused by negligence- even if it’s minor.
The plaintiff (the person who sustained the injury) has the right to the compensation they need and deserve. A thorough personal injury claim made by the right lawyer can get you there.
7 Types of Personal Injury Cases You Could Win
Have you recently been in a car accident, bitten by a dog, hurt yourself at work or had your health compromised in hospital?
These 7 types of personal injury case examples are among the most common and well compensated when represented by a good personal injury lawyer.
1. Slip and Fall Injury
Most slip and fall injury claims are centered on premises liability laws. These laws vary from state-to-state.
What this means is that the owner of a property such as a workplace, restaurant etc., has a legal liability to keep their premises safe. They need to ensure their premises are free of slip, trip and fall hazards at all times.
This being said, not all slip and fall injuries result in liability, it does depend on the situation and state liability laws.
2. Car Accident Injury
Car accident injury claims are among the most common in the United States. As the saying goes ”accidents happen”, and this is generally caused by negligence.
A reckless or negligent driver can be held 100% liable, both financially and for all injuries sustained by a plaintiff in an accident.
The only exception to this is in ”no fault” states. This is where the plaintiff collects from their own insurers, except in cases of serious injury or death.
3. A Victim of Medical Malpractice
If you’re a victim of medical malpractice this means you have received negligent, ill-informed or non-existent care by a medical professional or institution. This generally results in injury or illness.
Medical malpractice cases are extremely complex and include a number of variables. This is why a personal injury lawyer well-versed in medical malpractice claims is so important.
4. Dog Bite Injury
The specific laws on dog bite claims vary from state-to-state. But generally, the owner of a dog is financially liable and responsible for sustained injury and required therapy after a dog bite.
Even if a dog has never shown aggressive behavior in the past, some states follow strict liability laws which hold dog owners responsible, no matter what.
Other states are a little more lenient, where only a history of dog aggression and bites holds a dog owner responsible.
5. A Victim of Defamation of Character
Defamation can serve to injure a person by negatively affecting their reputation due to untrue statements made about their character. This is generally in the form of slander or libel.
In order to prove a case, the plaintiff must show that a negative statement(s) has done actual harm- which is in the form of financial loss. This financial loss could stem from a negatively affected business or job loss.
6. A Victim of Assault
When you’re a victim of assault, this is known as an intentional tort and is not based on negligence, but rather intent.
In other words, you must prove that a person set out to intentionally harm you and cause injury as a result. Assault cases tend to involve some form of criminal intent as well, such as robbery or abuse.
This means that the plaintiff can also apply in civil court for compensation for their injuries. This then qualifies assault as a civil and criminal personal injury claim.
7. Death Caused By Gross Negligence
The majority of wrongful death claims arise from road accidents, including car, truck, and bike crashes. Other wrongful death incidents are often caused by construction accidents, medical neglect, airplane accidents, and others.
This claim is based on death caused by the negligence of another and can also be an extremely intricate and lengthy claim process.
As a result, the compensation for damages in a wrongful death lawsuit are very unique to those who claim for non-fatal injuries.
Securing a Personal Injury Lawyer
You have the legal right to apply for compensation if you’ve been injured by the fault of someone else. Even if your injury is minor, you could still have a case worth claiming.
You could receive compensation by settling a claim outside of court or through a formal lawsuit, represented by a personal injury lawyer. It all depends on the extent of the damages you have suffered.
What’s most important to determine is when to hire a personal injury lawyer. When is it really a necessity?
If the defendant is using legal representation to settle a claim, you should consider hiring your own. The fact is, represented plaintiffs tend to receive larger settlements.
If you’re reluctant to hire legal representation because of the cost, you need not worry about that initially. Most personal injury lawyers work off a contingency basis. Your lawyer only receives legal fees unless you win your case or it’s settled out of court.
In a nutshell, your lawyer receives a percentage of the compensation you receive from your claim settlement.
This is generally 10% if you settle before a lawsuit is filed, 15% if you settle during the recovery process, and 30% is the case goes to trial and you win!
Prioritize Your Health and Wellbeing
Avoid these types of personal injury cases by educating yourself on the law and prioritizing your health and fitness with My Zeo.
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