Personal injury law, also known as “tort law,” lets an injured person seek compensation from the person or entity that caused them harm. This can be done by filing a personal injury lawsuit.
The truth is, there are many different types of personal injury cases, and each one is unique.
In this post, we’ll look at the most common types of personal injury cases and what you need to know about each one. So, let us get started.
What Is a Personal Injury Case?
Typically, a personal injury case arises when a person suffers injury due to someone else’s negligence.
In most cases, personal injury cases are settled without a formal lawsuit, but in some other cases, they go to trial. Mediation and arbitration are the most common ways used to find a fair settlement.
These cases come in different forms ranging from auto accidents to defective products. Some cases are common, and the damages involved are quite minimal, while others are rare, but the damages involved are usually massive.
For instance, product liability cases may not be so common as car accidents, but the cases usually involve huge amounts of money in settlement and hundreds if not thousands of plaintiffs.
If you have been injured and you want to file a personal injury claim, you need to keep in mind that the statute of limitations applicable to your case will be established by the state laws of where you live.
What Are the Most Common Types of Personal Injury Cases?
Now that you know what a personal injury case is and how it works, let’s look at some of the most common types of these cases.
1. Car Accidents
Car accidents are the most common type of personal injury cases in the U.S and other parts of the world.
They usually occur due to the negligence of one or more drivers involved in the accident.
For instance, if a driver is speeding and hits another car, they can be held liable for the injuries caused to the other driver and passengers.
In most car accident cases, the negligent driver is usually sued by the injured party.
However, there are some instances where the car manufacturer can be held liable if it’s found that the accident was caused by a defective car part.
2. Slip and Fall Cases
Slip and fall claims are another common type of personal injury case. Property owners usually have a legal duty to keep their premises safe and free of any hazards that could cause injuries to visitors.
For instance, if a grocery store owner knows that there’s water on the floor and they don’t clean it up, they can be held liable if a customer slips and falls. The same applies to landlords who don’t fix broken stairs or handrails in their rental properties.
Of course, not all injuries that happen on the property will lead to liability, but you shouldn’t take any risks. The exact nature of a property owner’s legal duty varies depending on the specific situation and the law in place in the state where the accident happened.
3. Dog Bites
Dog bites are also quite common, especially since there are millions of dogs in households across the country.
In most states, dog owners are held strictly liable for any injuries caused by their pets. This means that even if the dog has never bitten anyone before, the owner can still be held liable for any injuries caused by the dog.
However, there are some exceptions to this rule. For instance, in some states, the victim must prove that the dog owner knew or should have known that their pet was dangerous.
4. Defective Products
Defective product liability cases usually arise when a defective product injures a consumer. It could be anything from a faulty car part to a defective toy. The defective product can cause injury at work, in public, or at home.
Sometimes mistakes in operation manuals or improper warnings can lead to life-threatening injuries.
Examples of harmful products that usually lead to product liability cases include dangerous drugs, consumer products, food, and children’s products. Defective medical devices, auto parts, and toxic materials or chemicals can also lead to product liability cases.
The at-fault parties in such cases can be individuals, businesses, or even government entities that designed, manufactured, sold, or marketed the defective product.
If you have been injured by an unsafe product, contact an experienced personal injury attorney to evaluate your claims and ensure that you receive the rightful compensation you deserve.
5. Workplace Injuries
When you are injured while working for your employer, you are usually entitled to workers’ compensation benefits. These benefits can help you cover your medical expenses and lost wages while recovering from your injuries.
In some cases, you may also be able to sue your employer if you can prove that they were negligent in their duty to keep the workplace safe.
For instance, if your employer knew that there was a dangerous condition in the workplace but failed to fix it, you could sue them for negligence.
You may also be able to sue a third party if they were responsible for the accident that led to your injuries.
For instance, if you were injured in a car accident while on the job, you could sue the at-fault driver.
It’s important to note that you can’t sue your employer if you were injured at work due to your own negligence.
For instance, if you slipped and fell at work because you were not paying attention, you would not be able to sue your employer.
6. Medical Malpractice
Medical malpractice can arise when a doctor or any other health care professional provides you with treatment that falls below the accepted standard of care, resulting in an injury.
For instance, if a doctor misdiagnoses your condition or fails to diagnose it all together, you could sue them for medical malpractice.
Other examples of medical malpractice include birth injuries, surgery errors, anesthesia errors, and prescription drug errors.
To win a medical malpractice case, you will need to prove that the health care professional owed you a duty of care, they breached this duty, and as a result, you were injured.
You will also need to show that your injuries resulted in losses such as hospital bills, lost wages, or pain and suffering.
It’s important to note that not all bad medical outcomes are considered medical malpractice.
For instance, if a doctor does everything right but the patient still doesn’t get better, it’s not considered medical malpractice.
Personal injury cases can be complex, and the laws governing them vary from state to state. If you think you may have a personal injury case, it’s essential to consult with an experienced attorney as soon as possible.
The sooner you start building your case, the better your chances of recovering damages. Have you ever filed a personal injury lawsuit? What was your experience like? Let us know in the comments below.