Law

Personal Injury: What You Need to Know

When you suffer a personal injury, it is a painful physical and emotional experience. In such a situation, you may feel overwhelmed and confused about what to do next. Most victims of personal injury face such pain and emotional upheaval.

Under personal injury law, you can file a civil lawsuit in court and obtain a legal remedy in the form of losses paid for against the personal injury.

What is Personal Injury?

In personal injury cases, the victim of injury files a lawsuit due to the negligence of a motorist, a person, or an organization. The damage can not only be physical, but it can also be emotional, and this can happen due to different types of conduct.

This blog post will now discuss the common types of personal injury cases.

1-     Motor Vehicle Injury

According to information from the National Highway Traffic Safety Administration (NHTSA), there were more than 6.7 million car accidents in the US in 2018. It is understandable why vehicle accidents are the most prevalent cause of personal injury lawsuits. This is also why you should contact a lawyer as soon as possible if you’ve been in a car accident caused by the other driver’s carelessness.

If someone else’s carelessness caused the accident, whether it was due to drunk driving, speeding, or reckless driving, you’ll need to be able to show it and showing can be hard to do. A skilled personal injury lawyer will use trial and negotiation skills, evidence gathering, and relationship building to secure the best result for your case. Thomas Law Offices has proven results in this regard.

Every kind of vehicle-related accident is covered by a professional personal injury attorney, including scenarios like:

  • Car crashes
  • Pedestrian Mishaps
  • Motorcycle collisions
  • Bicycle accidents

2-     Medical negligence

Serious injuries can and frequently result from the carelessness of physicians, nurses, the hospital’s general staff, and other medical workers. Medical negligence can take several forms, such as incorrect treatment, surgical blunders, wrong drug administration, pharmacy mistakes, birth injuries (errors made during childbirth), and failure to recognize a serious disease or other significant health disorders.

The complexity of medical malpractice lawsuits needs the knowledge of a medical malpractice attorney. It is essential to hire an expert lawyer if you have suffered harm or the loss of a loved one at the hands of a medical practitioner. This lawyer will be able to quickly assess potential negligence and, if required, vigorously take legal action to hold the responsible party accountable.

3-     Unjustified Death

As the name suggests, a “wrongful death” case can be filed when someone dies due to someone else’s negligence. The majority of such cases are due to car, motorbike, or truck accidents, nursing home irresponsibility, medical malpractice, work-related accidents, and harmful products. When someone dies, a “wrongful death” lawsuit entitles the deceased’s family members to seek damages that are different from those offered in non-fatal injuries.

4-     Liability for Products

One of the more uncommon categories of personal injury cases is one based on product responsibility. If a consumer product is unreasonably unsafe and someone is hurt, there is a product responsibility claim. It is not necessary for the injured party to be the product’s purchaser. The injured person, with the help of their attorney, must be able to demonstrate that the item or product had one of the following three kinds of flaws:

  • Manufacturing flaws
  • Design flaws
  • Inadequate warning labels regarding the product’s risks

Even without proving that the product’s maker was at fault, you can prevail in a lawsuit against them. Other parties involved in the product’s distribution network may be sued, but you must establish liability first.

5-     Slip-and-Fall Mishaps

Slip and fall cases are another popular area that personal injury attorneys handle for their clients. A person who slips and falls on either public or private property may file a claim for damages for the injuries experienced in the mishap. Property owners are required by law to maintain their properties and keep the property secure and clear of obstacles and dangers that might cause harm to other people.

Accidents of this kind frequently require the intervention of attorneys since not all injuries that occur on the property result in responsibility. Based on the circumstance and in accordance with the relevant state legislation, they can assess the property owner’s legal obligation. However, if the property is poorly maintained or changed in a way that makes it unreasonably or unexpectedly harmful to others, the case can be taken forward.

6-     Workplace accidents

Cases involving workplace injuries sometimes involve more than the money employers pay affected workers. Workers’ compensation laws might differ from state to state, but regulations are in place to protect employees’ rights in the case of workplace accidents and injuries.

Without the aid of a lawyer with knowledge in worker’s compensation and personal injury, it can make processing claims and benefits challenging. Depending on the regulations in different jurisdictions, emotional and mental discomfort caused by external events like hacking and cybersecurity breaches may come under the purview of occupational injuries. However, the hacker or cyberterrorist will be held accountable for any losses and harm brought on by the breach.

7-     Animal Attacks and Bites

Dog bites account for most animal attack and bite-related personal injury claims. Some states in the US follow the “one bite rule,” which exempts a dog or other tamed animal’s owner from responsibility if the animal had never previously displayed any violent inclinations. After that, any injuries caused are the dog owner’s responsibility.

The “one bite rule” has an exemption in that a victim performing a legal function at the time (a mail carrier, for example) may still be successful in court even though the dog had never previously displayed any signs of aggression.

8-     Assault

Accidents are not usually the cause of personal injury claims. In reality, it’s very normal for victims of assault to file a civil personal injury lawsuit after the occurrence, asking for compensation for their damages and injuries. More than six million assaults in the US took place in 2018, and therefore, it is essential you don’t allow anybody to frighten you into not bringing a lawsuit if you’ve been the victim of violence.

Get the correct legal representation that will fight for the best results for your case from beginning to the end.

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