If you or someone in your family is hurt in an accident and it’s the fault of someone else, you might seek compensation from the party at fault. In this situation, you might need to work with a personal injury lawyer.
Personal injury attorneys can represent clients in a variety of situations, and they can be invaluable resources.
So how do you know if this is the type of lawyer you need to work with?
Common Cases for Personal Injury Attorneys
The following are some examples of personal injury cases.
1. Vehicle and Roadway Accidents
The most common type of personal injury cases involves cars, trucks, and other vehicles and pedestrians on the roadways that may get into accidents with one another.
Car accidents, according to the Bureau of Justice Statistics, are the most commonly filed personal injury cases around the country. They aren’t just accidents that occur when two vehicles hit one another.
Motor vehicle accidents also include car collisions with motorcycles, cyclists, buses, and pedestrians.
One of the most common reasons for accidents is negligence on the part of drivers. Drivers might be negligent because they’re tired, distracted, or speeding. If a driver who’s negligent causes an injury to someone else in a collision, they may have to compensate them for their damages.
Typically, it’s the at-fault party’s insurance company that compensates the other driver for damages they incur due to the accident.
2. Premises Liability
Slip and fall accidents are the most frequently seen types of cases that can fall into the category of premises liability.
The underlying concept of premises liability is that property owners have to keep their premises free of hazards and reasonably safe. There is a legal duty to protect people on your property.
If a property owner doesn’t uphold their legal duty and someone gets injured on their property, they could be legally responsible.
Along with slip and fall accidents, premises liability claims can include dog bites, accidents at amusement parks, pool accidents, or hotel accidents. Accidents that occur at daycares or assaults caused by negligent supervision or security may lead to a premises liability claim.
Premises liability cases can get complicated if there’s a tenant or property manager who’s separate from the owner of said property.
3. Dog Bites
We touched on the fact that dog bites can fall into the subcategory of premises liability, but they’re worth talking about on their own as well. Different cities and states will have varying laws as far as liability for dog bites.
If there’s strict liability, that means the owner is liable for injuries their dog causes no matter what the owner knew or should have known.
It’s more common, though, for a dog bite case to involve simple negligence.
4. Medical Misconduct
Medical misconduct can happen when a doctor, hospital, or medical professional injures a patient by negligence or an omission. Negligence could stem from errors in diagnosing or treating a patient, as well as in aftercare.
The be legally considered medical malpractice, some elements have to exist.
First, if there is violation due to lack of care.
Under the law, there’s an acknowledgment that certain standards are recognized by the profession. This is the standard of care. Patients have the right to expect the standard of care, and if that doesn’t happen, there may be an establishment of negligence.
Then, a plaintiff would have to show an injury that occurs by someone other negligence as well as that the injury brings a lot of damages.
Examples of medical malpractice can include misreading lab results, performing unnecessary surgery, surgical errors, or giving the wrong dose of a medication. Premature discharge or poor follow-up, as well as a failure to order proper testing, can also lead to a medical malpractice case.
5. Product Liability
If someone is hurt by a product that doesn’t work the way it should or that’s unsafe, they might have a product liability claim. A manufacturer has the responsibility to design and manufacture products that are safe for consumer use. Consumers also have to receive the right instructions and warnings before using a product.
A product liability claim can involve a design defect.
Another type of product liability claim can stem from a manufacturing defect. The product might be safely designed, but it becomes unsafe during manufacturing.
A marketing defect can occur when the company that sells the product doesn’t include the right instructions or warnings with the product.
Since there are often different companies involved in creating products, the cases can require comprehensive investigations, and they’re complicated.
6. Boat Accidents
If someone is hurt on a boat, including a charter, personal watercraft, or even on a commercial shipping boat, it can fall into the category of personal injury.
Boating accidents often involve laws at multiple levels. These laws can include federal, state, and maritime laws.
Other types of boat accidents might involve cruise ships, fishing boats, airboats, and even kayaks or canoes.
7. Wrongful Death
Finally, if you have a loved one who’s fatally injured in some type of accident, a personal injury attorney can then file a wrongful death lawsuit. The objective of a wrongful death suit is to hold the party responsible accountable and recover compensation.
There are usually different claims that might be filed as part of a wrongful death suit. These can include claims to recover compensation for burial expenses and medical expenses, as well as long-term pain and physical and mental suffering.
A wrongful death claim has to be filed by a representative, and it’s done on behalf of the survivors who are dealing with damages from the death of the decedent. Usually, the representative is the executor of the estate.
The survivors who may have an interest in the claim include immediate family members, life partners, and financial dependents.
There are a wide variety of people against which a wrongful death lawsuit can be brought. These include drivers in an auto accident, the employer of someone in a car accident, the owner of premises where alcohol was served, the designer or builder of problematic roadways, or a manufacturer of a dangerous vehicle or product.