Personal Injury -- Plaintiff Law
Common Personal Injury Accidents
What is a personal injury case? This type of legal dispute occurs when there are grounds to believe one party may be to blame and therefore financially responsible for the harm suffered by another person or party.
The most common personal injury claims include:
- Motor vehicle accidents involving cars, commercial trucks, motorcycles, bicycles, buses, boats, and pedestrians
- Animal bites from dogs and other pets that owners fail to control
- Slip-and-fall accidents on someone else’s property
- Medical malpractice like surgical errors, birth injuries, and failure to diagnose
- Defective product injuries caused by defects in design, manufacturing, or product instructions or warnings
- Workplace injuries caused by machines or other types of equipment or illnesses caused by exposure to toxic substances on the job site, such as asbestos
It is important to distinguish workplace personal injury claims from workers’ compensation claims which are governed by different laws and regulations.
The legal definition of a wrongful death claim varies from state to state. Generally speaking, a claim in this category means that a person died as a result of another person or party’s negligence or misconduct. Only certain people, such as a spouse, have standing, or the right, to bring a wrongful death lawsuit.
An experienced personal injury attorney will prepare a case as if they are going to trial, knowing they have a high probability of settling outside of court.
Generally four factors need to be established to recover compensation. The injured party, or plaintiff, must show that the defendant:
- Owed a duty of care to the injured party
- Breached that duty of care
- Caused injury to the plaintiff by breaching these duties
- Is responsible or liable for the plaintiff’s damages
The statute of limitations — the time frame allowed to file a personal injury lawsuit — will vary from one state to the next. Failing to file within the statute of limitations almost always precludes the case moving forward, unless there are unique circumstances. For this reason, it’s crucial to secure a personal injury attorney as soon as possible.
Personal injury lawsuits may take years to resolve. Having an experienced lawyer to guide you through every step of the way could be essential in understanding the process.