Your Guide to Personal Injury Cases: Various Types Explained
There are many different categories of law, each with its own subset of case types. Personal injury law is no different. You might have assumed you could answer the question, “what is personal injury?” — but it’s not always that straightforward. Since 95-96% of personal injury claims are settled pretrial, you might not even realize that certain incidents fall under this legal umbrella. In today’s post, we’ll discuss many of the main types of personal injury cases that law firms encounter. Are you surprised that any of the following incidents may result in a personal injury claim?
Motor Vehicle Accidents
This is likely one of the types of personal injury that you’re most familiar with. Accidents involving cars, bicycles, trucks, boats, motorcycles, and pedestrians may be handled by filing a personal injury suit if one party’s negligence resulted in the crash and the subsequent injury. Careless drivers who flout the rules of the road can be held legally (and financially) responsible for injuries they’ve caused.
Workplace Injuries/Slip and Fall
You might believe that if you’re hurt on the job, filing for workers’ compensation is the only course of action available to you. Actually, you may be able to file a personal injury claim instead. If your workplace injury occurred due to the negligence of your employer, a personal injury suit may be more appropriate. This is also the case if you slip and fall on someone else’s property. If you’re visiting a business or someone’s home and you are hurt due to the owner’s carelessness, you may want to discuss the situation with your lawyer.
We’d like to believe that doctors are incapable of wrongdoing. But the truth is that physicians make mistakes. When a careless decision results in harm to a patient, a personal injury suit may be filed in the form of a medical malpractice claim. Your lawyer must prove that the care you received fell below accepted medical standards. In some instances, wrongful death suits that were related to medical malpractice may also be filed under this category.
As a consumer, you have an expectation that products you purchase will work the way they’re intended and will be safe for use. Unfortunately, manufacturers may fall short of their obligations to the public. If and when they do, they may have these types of personal injury claims filed against them. It must be proven that the product was manufactured and distributed with a defect or that it was designed in an unsafe way. If these factors resulted in injury, you may be able to file a claim.
Assault or Battery
Personal injury cases tend to involve some type of negligence — an instance wherein the person responsible for injuring another fails to follow the rules or provide the mandated level of care or consideration. But there are actually some criminal cases that may have a personal injury component. For example, an intentional and violent act (like assault or battery) may involve both a criminal case and a civil case. The perpetrator may face criminal charges and be held financially responsible for the costs associated with those injuries through a claim.
We call them man’s best friend, but canines sometimes fall short of that nickname. Since a dog cannot discern the difference between right and wrong, it falls to the owner to ensure their pet does not injure any other party. If a dog bites you and it causes injury, you may be able to hold the owner responsible even if there was no history of aggression.
Defamation (Libel or Slander)
Some types of personal injury cases don’t necessarily require physical harm. In defamation cases, you and your lawyer must prove that a fictitious statement caused emotional and financial damage to your reputation and to your life in general. However, if you’re a public figure, U.S. courts require you to prove that the fictional statements were made in malice — meaning they were intended to harm you or that they were made with “reckless disregard” for the truth.
There are even more types of personal injury that we weren’t able to mention here. No matter what kind of personal injury case you’re facing, it’s important to consult with an experienced attorney. For more, contact us today.