Types of Cases a Personal Injury Lawyer Handles
Accident & Injury Personal Injury
Summary: When a person is injured or has lost a loved one because of the negligent actions of another person or entity, they may consider turning to a personal injury attorney for help. Personal injury lawyers will review all the facts of the case and advise the person as to whether they may have a claim for compensation against the negligent party.
Personal injury attorneys handle a variety of types of civil cases for plaintiffs. Following are six common areas from which personal injury claims arise.
Motor Vehicle Accidents
Every year, there are millions of motor vehicle accidents on the nation’s roadways, and tens of thousands of people are injured and killed. Crashes happen when drivers are under the influence of alcohol or drugs, distracted by texting and cell phones, driving aggressively or simply not paying attention to the rules of the road. When a car accident occurs because of the negligence of another driver, a personal injury claim might be warranted.
Medical Malpractice
When a patient is injured or dies during medical treatment, medical malpractice may be to blame. The basic description of medical malpractice is that it occurs when a doctor or other healthcare professional fails to provide the expected level of care and acts in a way that another competent doctor or medical professional would not have. However, proving malpractice can be complicated. There are several things that must be shown, including that a patient’s injury or death happened directly because of the actions or inactions of the doctor or other healthcare provider.
Premises Liability
Property owners are responsible for ensuring the safety of visitors to their properties. Examples of incidents that can lead to premises liability cases include slip and fall injuries, swimming pool accidents, assaults and injuries due to poor building security, carbon monoxide poisoning, fire and more. Just because someone is injured on a property, though, doesn’t mean they have a personal injury claim. First it has to be proven that the property owner knew unsafe conditions existed and didn’t correct them.
Product Liability
We’ve probably all heard about children injured by defective toys, fatalities caused by prescription and over-the-counter medications and faulty parts in cars that lead to injury or death. When a product is defectively designed or manufactured and that defect leads to an injury, the company that developed the product may have a case filed against them. Product liability can also extend to products that don’t have design or manufacturing defects, but do not come with adequate instructions or warnings for their use.
Workplace Injuries
In 2017, more than 5,000 workers were killed on the job and millions were injured, according to the Occupational Health and Safety Organization. Falling from heights, being crushed by equipment or struck by objects, and electrocution are the most common reasons for fatalities. But there are a wide variety of other dangers, too, such as trips and slips, being shocked by unsafe extension cords, or even stress injuries caused by repetitive motions. While Workers’ Compensation is available to some injured people, others may not be eligible for a variety of reasons. In these cases, or when Workers’ Compensation isn’t adequate to cover lost wages, filing a claim is a possible option.
Chemical Exposure
Potentially hazardous and toxic materials can be found everywhere. In the home, mold or lead paint might cause illness. Older workplace buildings might still contain asbestos, or workers may be exposed to industrial solvents and dust particles from metals, minerals and different elements. Pesticides and herbicides commonly used around homes and workplaces have been linked to liver damage and cancer. When injuries or death occur because of chemical exposure, product manufacturers, employers, property owners and others may be held liable depending upon the specific circumstances of the case.
Laws Vary By State
It’s important to point out that laws related to personal injury claims can vary between states. Victims of negligence should consult with a qualified personal injury attorney in the state where they were injured to understand whether they might have a claim and how much compensation they might expect to receive for their injuries.