Did you know that over 29.4 million people went to the emergency room last year for unintentional injuries? Just because these injuries are unintentional doesn’t mean they’re not harmful. More often than not, the individuals injured aren’t able to pay their substantial medical costs.
If the accident that caused the injury was caused by another party, then it’s important to seek financial compensation to cover these costs. That’s where personal injury cases come into play. These types of lawsuits attempt to win funds for the injured party to pay for medical bills, lost wages, and compensation for any pain experienced.
In this article, we’ll be going over some common examples of personal injury cases. That way, you can decide whether or not the option is right for you. Let’s get started!
Common Types of Personal Injury Cases
The most popular type of personal injury cases is the ones that deal with physical injury. However, these cases can also deal with financial injuries and social injuries. So, exactly how does this work? In this section, we’ll be breaking down some of the most popular personal injury cases. That way, you get a good sense of whether you’re eligible to pursue one.
Car Accident Cases
Car accidents are the most popular types of personal injury cases. That for two reasons. One: quite a lot of people drive in their daily commute. And, two: when an accident occurs it’s usually because one driver wasn’t following the rules of the road. These types of accidents can result in a wide range of injuries including:
- Head and brain injuries
- Spinal cord injuries
- Neck injuries
- Limb injuries
- Internal injuries
- Bone and muscle injuries
- Hip injuries
And these are just some of the injuries that can occur. As such, the injured party will likely want to seek financial compensation for damages. Typically, you can hold a guilty party (and most likely their insurance company) responsible for the accident. However, this isn’t true in states with ‘no-fault’ accident laws.
In these states, each driver needs to seek compensation from their insurer, unless the injury is incredibly serious. As such, you should always research the accident laws in your state before pursuing a lawsuit.
Medical Malpractice Cases
A medical malpractice lawsuit takes place when the healthcare professional causes injury to an individual. This can be either due to medical negligence or medical recklessness. Medical negligence can include things like failing to diagnose the patient, failing to give medical advice, and obvious errors during the surgery.
Medical recklessness can occur if the healthcare professional is operating under the influence of drugs or alcohol. It’s important to note that this injury occurs due to a lack of appropriate medical care. As such, it’s not always applicable in the case of risky surgeries that have a high percentage of potential injury.
The most common types of medical malpractice cases are due to birth injuries. Unfortunately, these types of personal injury cases are notoriously hard to win. That’s because it’s difficult to prove that the doctor was at fault, especially when you go about against big legal teams. Still, in some cases, it may be worth pursuing. As such, you should consult your injury attorney before proceeding.
Slip and Fall Cases
Many people, especially during the winter months, may be injured from slipping and falling. In some cases, this might be the fault of the property manager. It’s this person’s responsibility to make sure the property is free of any potential hazards. As such, if someone falls due to a lack of guardrails, or a similar hazard, then it’s the fault of the property manager.
It’s important to note that the legal duties of the property manager vary from state to state. Because of this, you should research the specific laws in your area before contacting a slip and fall lawyer.
Defamation includes libel and slander, or untrue statements, that damage the reputation of the plaintiff. In these types of cases, the person bringing forth the lawsuit must prove that the statement caused them financial or social damage. For example, let’s say someone released an untrue statement about someone in the newspaper.
When the boss of that person finds out about the article they fire them to save the reputation of the company. The individual who was fired could then sue the newspaper for financial damages from wages lost. Libel and slander cases get even more complicated when they involve celebrities. As such, make sure to learn more about the legal elements before pursuing.
Physical Attack Injury Cases
Most personal injury cases are based on accidents. But a physical attack is intentional. As such, they also include a criminal case to find out if the perpetrator is guilty. However, in addition to a criminal case, the victim can also seek financial compensation for medical costs caused by the attack.
Because these types of cases require both a criminal case and a personal injury case, it’s important to get a competent legal team that can juggle both of them at once.
Dog Bite Cases
Untrained dogs that attack people can cause serious cosmetic damage that requires many surgeries to repair. Like car accidents, the exact laws for dog bites vary from state to state. In some states, there is what’s known as a one-bite rule. This means that the person is only responsible if they knew beforehand that their dog was aggressive.
However, for the most part, it’s typically the owner of the dog that’s held financially responsible via strict liability. This means that the person must pay for damages regardless of the aggression history of the animal.
What’s the Difference Between Personal Injury and Bodily Injury?
Oftentimes, when we think of a personal injury, we think of something physical, like a car accident. While a car accident lawsuit would be filed under a personal injury case, it’s important to remember that these lawsuits aren’t restricted to the physical. As we mentioned before, these cases also include social and financial injuries.
As such, defamation, slander, and libel all fall under personal injury as well. If you’ve been physically injured in an accident, then you’re pursuing a bodily injury case. So what’s the difference? It’s helpful to think of personal injury cases as an umbrella. Under this umbrella, fall the subcategory of bodily injury cases.
But, it also includes cases like defamation. If you want to learn more about the difference between personal and bodily injury, then make sure to check out our guide here.
What Should I Do If Someone Close Has Died From Their Injuries?
If a personal injury is serious enough, then the individual may die before they’re able to pursue legal justice. However, the person or party at fault isn’t off the hook. In these types of cases, the family of the victim can seek a wrongful death case. Regardless of the accident, these types of lawsuits seek financial compensation for the family members.
This money helps ease the emotional distress the death causes on the loved ones of the victim. If you want to pursue this type of legal action, then make sure you find a special wrongful death attorney.
Why Are Personal Injury Lawyers Important?
Did you know that 95% of personal injury lawsuits are settled out of court? There’s a reason why so many plaintiffs typically accept this settlement. For the most part, the settlement will typically favor the plaintiff over the defendant in terms of finances. However, getting the most out of this settlement requires a good lawyer. Why?
Because the defendants will use this pre-trial period to build a large defense against you. They’ll then leverage this defense in settlement negotiations. As such, it’s important to find a good personal injury attorney to defend you during this phase. So how do you find a good personal injury lawyer?
With over 56,494 businesses in the country, there’s certainly no shortage. Unfortunately, not all law practices are made the same. Luckily, we’ll give you some advice on finding one you can trust.
Need a Dependable Personal Injury Lawyer? Contact Brylak Law
We hope this article helped you learn more about some of the different types of personal injury cases. As we mentioned, it’s important to find a competent personal injury attorney early on to deal with the crucial initial stages. But how do you find a law team that you can trust?
If you live in the San Antonio area, then look no further than Brylak Law. Wallace M. Brylak Jr. has been practicing law for decades. During this time he’s helped both victims and their families recover millions of dollars. Brylak Law can’t take away the pain from your injury. But, we can help you get the compensation that you deserve. Contact us to schedule your free consultation today.