Personal Injury -- Plaintiff Law

Common Personal Injury Accidents

Key Takeaways:

  • The most common type of personal injury accident involves motor vehicle crashes.
  • Other common personal injury accidents include product liability, premises liability, slip and falls, and medical malpractice.
  • The injury victim has to show the defendant is liable for their injuries to recover compensation.

In a personal injury accident, the injured person can file a lawsuit to recover compensation for their injuries. To win a case, you must show that the defendant is legally liable for your injuries. If the court finds the defendant is liable, they will be responsible for paying for your damages.

The most common type of personal injury case involves car accidents. However, there are many other common personal injury accidents. An experienced personal injury lawyer can help you understand your legal rights and file a claim to get compensation for your losses.

What Are Common Personal Injury Claims?

The most common types of personal injury claims include:

  • Motor vehicle accidents, including truck accidents and motorcycle accidents
  • Dog bites and other animal attack injuries
  • Slip-and-fall accidents
  • Premises liability for a property owner’s dangerous property conditions
  • Medical malpractice claims like surgical errors, birth injuries, and misdiagnosis
  • Product liability claims for defective product injuries
  • Nursing home injuries, including fall injuries and abuse
  • Workplace injuries like toxic exposure, fall injuries, and crushing injuries

Workplace accidents may be covered by workers’ compensation instead of personal injury. In a worker’s comp case, the injured worker doesn’t have to prove negligence. However, their damages are generally limited to lost wages and medical expenses.

What Are Common Injuries in a Personal Injury Accident?

Injuries in a personal injury case can range from minor to permanent damage. The severity of the injuries can determine the amount of compensation. Automobile accidents, medical malpractice cases, and sports accidents can result in serious injuries, including:

  • Whiplash
  • Broken bones
  • Paralysis
  • Loss of limbs
  • Spinal cord injuries
  • Traumatic brain injuries (TBI)

When an accident involves permanent injuries, damages can include future costs of medical care, home and vehicle modifications, and continuing physical therapy.

What Is a Wrongful Death Case?

Suppose the injury victim does not survive the auto accident. In that case, they cannot file a personal injury claim. A wrongful death claim is a way to make sure the defendant is held responsible for their actions. In a wrongful death lawsuit, the surviving family members can recover compensation for the loss of a loved one. Damages can include:

  • Funeral expenses
  • Burial costs
  • Loss of support
  • Loss of benefits

How are Personal Injury Cases Handled?

An experienced personal injury attorney will prepare a case as if they are going to trial. However, most personal injury law cases settle before going to trial. A settlement is an agreement to drop the lawsuit in exchange for compensation. Taking a settlement is generally faster, cheaper, and less stressful than going to trial.

Most personal injury cases involve showing that the defendant was negligent. There are four factors to establish negligence to recover compensation. As the injured party, you must show that the defendant:

  • Owed you a duty of care;
  • Breached that duty of care by failing to act like a reasonable person;
  • Was a cause-in-fact of the injury; and
  • Is responsible or liable for your damages.

Some personal injury cases are not based on negligence. Intentional personal injury claims include assault or defamation. A defendant may also be strictly liable for your injuries, even if they weren’t negligent. This includes product liability claims when a manufacturer puts out a dangerous product.

How Much Time Do You Have to File a Personal Injury Claim?

The statute of limitations is the time frame allowed to file a personal injury lawsuit. If you file your case just one day too late, you may lose your case. You may be able to extend the time limit in certain situations. This includes injury claims involving a minor and injuries that were not discovered until later.

The time limit varies by state. In most states, you will have two to three years to file a claim. In some states, you will only have one year. This is why it’s crucial to consult with a personal injury attorney as soon as possible.

Do You Need a Personal Injury Lawyer?

You may be able to file a personal injury lawsuit on your own, but it can be an uphill battle. There are court rules, state laws, and time limits that you have to follow. An experienced personal injury lawyer understands how to pursue a personal injury case to ensure you get the maximum compensation.

Your attorney can tell you what you can expect and help you understand your legal options. Your lawyer can also negotiate a fair settlement offer to fully compensate you for your losses. For legal advice about your personal injury claim, consult an experienced lawyer in your area.

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