5 Types of Personal Injury Cases

Each year in the United States, thousands of people suffer personal injuries as a result of accidents. Tort law provides these people with the ability to seek compensation if they can prove the third party’s responsibility for the accident.

In this article, we’re taking a closer look at several of the most common types of personal injury cases.

Types of Personal Injury Cases

There are a variety of different types of personal injury cases filed each year. If you experience an injury due to someone else’s negligence, you may be able to take legal action and recover the money needed to pay for medical attention.

While this might seem straightforward, the truth is that personal injury cases are as unique and diverse as the people involved in them. Getting to know common types of personal injury cases is the best way to ensure you are prepared if disaster strikes.

Here are several of the most common types of personal injury cases.

Medical Malpractice

Medical malpractice cases are frustratingly common – so common, in fact, that malpractice is the third leading cause of death in America today. These types of cases occur when healthcare professionals, such as doctors, pharmacists, nurses, and specialists, fail in their duty of care to a patient.

Most malpractice cases stem from either unintentional incompetence or outright negligence. For example, a surgeon might botch a surgery, leading to catastrophic permanent disability or even loss of life. A doctor might write a prescription for a patient even though they know the individual is allergic to an ingredient in the drug. Or, a cancer patient might go undiagnosed because a doctor fails to order the right test, leaving them untreated until death is inevitable.

Determining fault in medical malpractice cases can be extremely difficult, mostly because all procedures carry a small risk for side effects, unintended reactions, and other types of harm. Thus, not every case will qualify as malpractice. A lawyer can help you identify whether the factors in your case justifies a lawsuit.

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Auto Accidents

Motor vehicle accidents injure over 2 million people in America every single year; up to 33,000 are killed. A small number of these accidents are just that – true accidents that occur as a result of circumstances beyond anyone’s control. However, the vast majority are associated with negligence on the part of one, or all, involved parties.

These accidents can run the gamut from simple fender benders to catastrophic crashes between motor vehicles and bicycles. They may involve some measure of illegal activities, such as drunk driving, or just failure to adhere to the rules of the road instead. Whatever the driving force, victims may be left with whiplash, broken bones, spinal cord injuries, cuts, lacerations, internal injuries, or even permanent disability.

As with medical malpractice, fault can be difficult to prove. An attorney can help you gather evidence and identify whether proof of negligence exists.

Wrongful Death

When someone dies as a result of another party’s negligence (often as a consequence of one of the other types of personal injury cases), the law considers it to be a “wrongful death.” Tort law specifically allows next of kin and/or other related loved ones (e.g., a common-law spouse) to sue the person(s) who caused the accident for the recovery of damages associated with the death.

For example, a spouse might sue a nursing home after their partner suffers life-threatening bedsores as a result of neglect. A parent might sue a surgeon who botches a spinal surgery, leaving their child permanently disabled. Or, a sister might sue an airline after a crash that leads to the death of her brother, especially if there is evidence that the airline failed to engage in proper maintenance.

The process associated with suing for wrongful death is unique because it is not the victim themselves suing, but a third party. Still, it is very possible to succeed if you have the right support – including a good wrongful death attorney.

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Workplace Accidents

Workplace accidents can be very complicated, especially when it comes to tort law and civil suits. In most cases, employees cannot sue their employer period; the existence of the Worker’s Compensation Act prevents such action. Instead, the victim must file a claim for employer-provided benefits (such as temporary disability and/or the replacement of lost wages).

However, sometimes employers deny claims – and sometimes the resulting injury is far more serious than any amount of benefits could ever compensate. For example, an employer might fight against a claim of permanent disability because they know they will have to pay the employee a very large lump sum.

There are two options a Worker’s Compensation attorney can help you with this regard. He or she may assist you with appealing your claim for benefits, or they may help you file a personal injury suit if you have exhausted all other measures.

Dangerous Products

Most people purchase products with the reasonable expectation that they will perform safely and as described. Indeed, product sellers and manufacturers have a legal responsibility to ensure that the items they provide are safe and reliable to use. When this doesn’t happen, either due to manufacturer incompetence or sheer negligence, victims can suffer anything from minor injuries to wrongful deaths.

One famous example of this is the McDonald’s Coffee lawsuit. A senior named Stella Liebeck suffered severe burns over her pelvic region after the cup lid came loose; it was later discovered that the coffee was much too hot to be safely ingested. The company was forced to pay her $640,000 as a result.

Although they are on the decline, mostly thanks to increases in quality and safety measures, product liability cases still make up about 13 percent of all tort law cases in the United States. Many of these are minor and never make it to the courts, but if you are affected in a way that results in a loss, you do have the right to seek compensation in the civil court. A product liability lawyer can help.

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