About 130 million Americans visit the emergency room every year, but not all injuries are made equal. In some cases, you may be entitled to compensation for medical bills because a third party was at fault for your injury. To gain this compensation, you will need to open a personal injury case with the help of a top-notch attorney.
Here, we’re going to talk about the types of cases that can lead to a personal injury lawsuit. Read on to learn whether your injury qualifies for compensation under tort law (and what kind of legal case you should open).
The Basics of Personal Injury Cases
Personal injury (PI) cases are also called “tort cases.” An injured party can file a tort claim after being injured as a result of someone else’s negligence or malpractice. The aim is to obtain compensation for their injuries including the cost of medical bills, funds to cover wages from missed work time, and pain and suffering damages.
The way to win a PI case is by proving fault. If you are able to prove fault in your case, that means you can show that the party you are accusing did cause your injury through either negligence or action. You can prove fault effectively with the help of an attorney that will recreate the accident, assess camera footage, take eyewitness accounts, and talk with you about the specifics of your case.
Proving fault is something that all tort cases have in common. However, “personal injury” is an umbrella term that refers to multiple types of cases.
Slip and Fall Cases
Over 800,000 patients go to the hospital each year for injuries from falls. This is why slip and fall cases are one of the most common PI case types.
An injured person can open a slip and fall case if they sustain injuries from a fall on third-party property. They must prove fault by illustrating that the fall was preventable if the defendant had taken action to prevent them from slipping (or being in a hazardous location).
For example, an unmarked wet floor could constitute fault assuming that the property owner could have put up signage. Broken stairs or railings could have been roped off, and if someone falls they have grounds to sue. Talk with an attorney about the specifics of your fall to learn how you can prove fault.
Auto Accident Cases
Auto accident cases are another common type of PI claim. In these cases, the injured plaintiff aims to get a settlement from the at-fault driver’s insurance company. This settlement serves as compensation for medical bills, missed wages, repairs to the vehicle, and more.
Many auto accident cases pertain to car crashes, but there are other types of collision lawsuits as well. Motorcycle accidents, truck collisions, and Uber accidents also fall under this tort law type.
Accident reconstruction is important for those filing auto accident lawsuits. An experienced attorney will gather evidence such as camera footage and head to the scene of the collision to scope it out. They will determine what likely happened and set up a case for how the other party could have prevented the crash.
Product Liability
Product liability lawsuits take place after a dangerous or defective commercial product causes illness or injury. For example, if you buy an improperly-made laptop at the store and it explodes and burns you, you have grounds for a product liability lawsuit.
Defective vehicle parts are also common in product liability lawsuits. You also can sue for damages if a hazardous product was not clearly marked or labeled. For example, it is a hazard if a type of bleach that can cause respiratory illness does not come with a warning label.
Defendants in product liability suits are usually manufacturing companies and corporations. However, they can also be the businesses that sold the product. You can also sue marketing companies if failure to label the product’s hazards was the issue that left you injured.
Dog Bites
If a dog bites and injures someone, the dog’s owner is responsible for those injuries. That means that they must pay for any medical bills after the bite. They also will be responsible for disability payments if the person sustained permanent injuries.
Dog bite lawsuits fall under the personal injury umbrella. An attorney must prove that the owner could have prevented the dog from biting you in order for you to receive damages.
Medical Malpractice
Medical malpractice takes place when hospitals and hospital employees neglect their duties while you are in their care. This can result in serious injuries because you are completely at the mercy of your doctor when it comes to expert health care advice and safe treatments.
There are many types of medical malpractice. Botched surgeries and procedures are a common reason that people open up tort cases for medical malpractice. However, medication mistakes, misdiagnoses, improper treatment, and pharmacy errors are also common.
Wrongful Death
Wrongful death cases are a unique type of personal injury case because the injuries proved fatal. As such, the injured party will not be opening up a lawsuit. Instead, the family and dependants of the deceased party will work with an attorney to gain compensation for financial losses relating to the wrongful death.
Money from medical bills and lost wages qualify. You also will likely be able to get funds for funeral and burial expenses, government benefits lost, and more. You need to work with an attorney to prove that a third party was at fault for this death, which is similar to any other PI case.
Get Expert Legal Assistance
There are a plethora of different types of personal injury cases. Now that you know some of the most common claims, it’s time to contact a tort lawyer to discuss your individual case.
McGrath Law Firm is committed to helping people with all personal injury case types get the best possible compensation for their injuries. Contact us with any remaining questions that you have and schedule a consultation today.