Type of Cases do Personal Injury Lawyers Handle – Personal injury lawyers deal with all kinds of matters involving individuals who have been hurt by the carelessness, recklessness, or deliberate actions of another person.
Automobile accidents, product liability, workers’ compensation, medical malpractice, assault, sexual assault, abuse and neglect in nursing homes, wrongful death, and catastrophic injuries are a few possible scenarios.
Road Traffic Accidents are the most Dominant Causes of Personal Injury
There are many different kinds of motor vehicles involved in accidents that result in injuries and other damages for the victims. These circumstances are frequently brought on by carelessness, mistakes, or irresponsibility. Other variables, like a faulty part or a design flaw, might occasionally cause a car accident.[1]
Type of Cases do Personal Injury Lawyers Handle – Motor Vehicle Accident Injuries
The most common category of motor vehicle-related personal injury cases is car accidents. A person may make a personal injury claim if they are hurt in an accident and their vehicle is damaged. The case can be brought against the at-fault motorist or their auto insurance provider, depending on the state and whether no-fault or fault rules are in effect. Some of these examples are straightforward, while others are more complicated for a variety of reasons. An investigative team can be called in by a personal injury lawyer if necessary to ascertain how the accident happened.
Injuries caused by Trucking Accidents
One of the toughest types of personal injury claims involves trucks. Truck crashes can result from a variety of causes, and it’s not always obvious who is to blame. Depending on the details surrounding the accident, the truck driver, the trucking company, a third party, the cargo loader, or the component manufacturer may be held accountable. In certain situations, a truck accident may make the truck driver and the trucking business jointly accountable.
Truck accident victims frequently sustain catastrophic injuries that are incapacitating. While some people are fortunate enough to recover with substantial medical treatment and physical therapy, others may not be as fortunate and may have permanent disabilities or disfigurements. Unfortunately, injuries received in a truck collision can sometimes result in death.
Bike Riding and Related Injuries
Because of the open nature of the motorbike, personal injuries resulting from accidents are frequently devastating. When tossed, riders may sustain a range of injuries. A person may suffer a traumatic brain injury or perhaps lose their life in a motorbike accident if they don’t wear a helmet.
There’s a widespread misperception that riders are typically to blame for motorbike accidents. The majority, however, are the result of larger car drivers either not spotting the motorcycle or not being cautious when sharing the road with bikers.[2]
Injuries Caused by Bus Accidents
Due to the possibility of multiple parties being held accountable for passengers’ injuries, bus accident trials are sometimes complicated. The bus driver, the bus business, or even a government agency could be the one at fault, depending on the circumstances. Whether the bus is owned by the government or privately determines who is accountable in these circumstances.
Hit and Run Accidents and related Injuries
Personal injuries arising from hit-and-run accidents can be disastrous. Regardless of whether there is a person inside, drivers are obligated by law to stop if they collide with another vehicle. Because victims frequently do not have access to sufficient information to identify the at-fault driver, these accidents are complicated. It’s rare, but some people are fortunate enough to be able to remember the make, model, colour, and even part of the number plate number of the car that struck them. In most hit-and-run accidents, the victim’s shock is so severe that they are unable to respond quickly enough or process the necessary information.
In most cases, victims of hit-and-run incidents must claim their own auto insurance policy’s uninsured and underinsured motorist coverage. Unfortunately, there are instances where customers have insufficient coverage and must pay a portion of their losses out of pocket.
Harm Relating to Drunk Driving Accidents
Accidents involving drunk drivers can be dangerous and result in severe consequences for the victims. Consider yourself fortunate if you are in an accident of this kind and sustain only minor injuries. However, you retain the right to bring a personal injury lawsuit against the motorist, who will most likely also be charged with DUI.[3]
Bike Riding Accident Injuries
When a person is hit by a bigger car in a bicycle collision, they typically get bodily injuries. When this occurs, it’s usually the result of the driver failing to pay attention or ignoring the cyclist. This reminds me of things that happen to motorcyclists. It can be problematic for cyclists to share roads with cars and other larger vehicles since, depending on the location, they may not always have access to dedicated bicycle lanes.
Cyclists encounter certain special difficulties when riding on the road. A dooring accident, for instance, occurs when a vehicle opens its door suddenly in the middle of a bicycle approaching. The biker may swerve to dodge the automobile door or end up crashing into it and flying off their bike.
Injuries Caused by Scooter Riding
Accidents with scooters usually happen when there is a flaw in the design or construction of the equipment. China-made, low-cost scooters frequently have issues and may malfunction, injuring the rider. Scooter users occasionally have the potential to collide with pedestrians and inflict bodily injuries.
Scooter riders also have a significantly increased risk of suffering major injuries if they do not wear protective gear. Some scooter accidents happen when the rider crosses manhole covers or other impediments like bumps on the road.
Rideshare accidents and Injuries Related thereto
Various circumstances may apply when someone is hurt in an accident involving an Uber vehicle. Whether an Uber driver is regarded as an independent contractor or an employee depends on the state. The expenses of the victim’s injuries and damages would be covered by the ridesharing company’s insurance policy if the driver was working at the time of the collision. The driver’s auto insurance policy would need to be applied if they were unemployed. Sadly, that frequently falls short of compensating the sufferer for their losses.
Occupiers Liability Injuries
Premises liability claims are those in which plaintiffs suffer injuries as a result of events or accidents that take place on the property. This is often the outcome of a recognized unsafe condition on the property, for which the owner is responsible for making sure that dangerous zones are appropriately labeled.
Cases involving dog attacks or bites fall under the category of premises responsibility. If a dog bites someone and causes harm, the owner of the pet may be held accountable. Strict liability or a one-bite statute may apply, depending on the state in which this happens. The one-bite statute imposes a duty on the owner if their dog has bitten or attacked someone in the past, whereas strict liability imposes liability on the owner regardless of whether this is the pet’s first bite.
Slip and Fall Accidents
Premise liability covers slip and fall incidents, which have the potential to cause catastrophic injuries to victims. To avoid a possible slip, trip, and fall disaster, property owners need to maintain their property safely. Some of the most frequent causes of these kinds of injuries are uneven flooring, worn carpets or rugs, stairwells that need repair, clutter on the floor, and dimly lit areas. To ensure that visitors may walk around the property safely and without falling, the outdoor area needs to be maintained in good condition as well. To prevent accidents, the property owner or management must remove any dangerous conditions that arise when it snows and ice accumulates.
Product Liability Injuries
A person may pursue damages in a product liability lawsuit if they have a personal injury while using a product as intended. In a case like this, the manufacturer, the seller, the designer, or another person could all be held legally responsible. It is not uncommon for multiple parties to bear liability when a defective product results in harm to a customer. A product’s malfunction in terms of functionality, design, or other areas may result in injuries. A lawsuit against a particular person who was aware that the product could be harmful may also be justified by a failure to warn.
Injuries caused by Defective Drugs
Prescription medications are often used to address medical disorders, but when they have negative impacts on patients’ health, catastrophic injuries may result. The victim or their family may sue the pharmaceutical manufacturer for product liability whether or not the harm is reparable. A doctor who failed to warn a patient despite knowing there was a chance of major adverse effects may also be the object of the lawsuit in certain circumstances.
Damage caused by Defective Hospital Machines
Occasionally, following a medical device implantation surgery, a patient may experience device malfunctions necessitating follow-up care. Defective hip replacements are the subject of one frequent case. The gadget was recalled, and the patients who received it needed additional procedures. However, because of the faulty hip replacements, the patients’ injuries worsened.
Injuries Caused by Poor Products
Serious injuries might result from faulty goods. A person has the right to sue a manufacturer if they utilize a product as intended and get hurt. They can make sure that the claim is submitted against the appropriate party or parties with the assistance of their personal injury attorney.
Medical Negligence Cases
Medical malpractice cases frequently adhere to unique guidelines. Not every medical error is regarded as medical malpractice. Medical malpractice, on the other hand, is when a physician or other healthcare professional behaves carelessly or negligently and causes harm to a patient. The ideal timing to file a lawsuit can be ascertained with the assistance of personal injury lawyers who concentrate on this kind of case. The statute of limitations for medical misconduct varies, although it usually lasts between one and three years from the date the injury was realized.[4]
Work Injuries
If an employee becomes ill or is injured at work, they are entitled to workers’ compensation benefits. The majority of employers are required by law to have workers’ compensation insurance if workers suffer illnesses from exposure to toxic risks or have accidents that result in injuries connected to their jobs, though state-specific rules may vary. A worker may file a claim if their employer refuses to allow them to do so when their illness or injury is directly related to their work. Workers’ compensation case specialists among personal injury lawyers can be of use.
Assault and Sexual Abuse Injury Cases
One particular kind of injury scenario is assault. A person may be prosecuted for assault even though many people believe it refers to physically harming, striking, kicking, or spitting on someone. Instead, it involves making threats that cause the victim to fear they will be harmed shortly.
Numerous sex offenses fall under the category of sexual assault. While it is included in certain states’ definitions of rape, it is a distinct felony in others. When someone is sexually attacked without their consent or through unwanted sexual contact, they sustain injuries and damages. Statutory rape is another type of sexual assault in which a minor victim is involved.
Injuries Relating to Child Abuse
Sexual abuse of children can cause lifelong, profound emotional and psychological damage that can last a lifetime. Attorneys for personal injuries might fight to make the abuser answerable.
Actual Bodily Harm Caused by Assault
Irrespective of who commits the act, a physical assault can cause catastrophic injuries to a victim. As in the case of domestic abuse, the attacker may occasionally be someone the victim knows. This offence typically consists of both a physical attack and a verbal threat and is classified as assault and battery.
Nursing Home abuse
Among the most susceptible victims are those who reside in nursing homes. Unfortunately, personal damage can occur due to abuse or neglect in nursing homes. Family members of the elderly person who has suffered can hold the nursing home or the offending staff member responsible.
Abuse at nursing homes can hurt residents’ physical and mental well-being. Elderly victims typically sustain major injuries that can even be fatal. Facilities must see to it that residents receive the appropriate attention and are respected. The nursing home might be held accountable for any harm if abuse takes place.
Nursing Home Neglect and Resulting Injuries
There are several reasons why neglect occurs in nursing homes: either staff members purposefully ignore residents, or the facility is understaffed, allowing some residents to slip through the gaps. Either way, people may get hurt or have other negative effects.
Premises Injuries Cases
Visitors and other parties having legal permission to be on a property may sustain injuries as a result of premises liability accidents. These mishaps frequently happen in commercial settings when a large number of individuals are present. Employers or landlords may be held accountable for injuries.
Work-Related Injuries
Employees who sustain injuries at work are entitled to workers’ compensation from their employers. As long as they have a valid reason to be there, any other parties that enter and get hurt also have the right to compensation. This might be a business colleague, client, or consumer.
Construction Site Injuries
One of the riskiest occupations is construction labor. To prevent serious personal injuries, employers or site managers are required to supply workers with safety equipment. Sadly, mishaps frequently result in injuries to workers. A harmed employee may make a personal injury claim if the property safety precautions are not in place.
Unintentional Unlawful Deaths Cases
When someone passes away due to the carelessness, recklessness, or deliberate violence of another, it is referred to as a wrongful death. The family must rebuild their lives after being left in ruins. The decedent’s representative or family may sue the at-fault party for wrongful death, depending on the state legislation. If the victim had survived and had a claim to make for personal injury, action could have been pursued.
Disastrous Injury Instances cases
Catastrophic injuries have the potential to severely cripple individuals and alter their lives forever. Examples include severe burns, spinal cord damage, and traumatic brain injury. These injuries can occur to people for several reasons, including intentional violent acts and accidents. They are entitled to reimbursement for potential lifetime medical treatment as well as additional damages.
What is entailed by Personal Injury Law
Victims who sustain injuries as a result of another party’s activities may sue that party under personal injury law to obtain compensation. These civil lawsuits seek payments from the injured parties for things like lost income, medical costs, pain and suffering, psychological distress, and property damage. Punitive damages may be awarded in certain cases as a means of penalizing the offender, depending on the circumstances.
Negligence is the greatest contributor to personal injuries.
A person frequently sustains personal injuries in an accident brought on by the carelessness of another. It should be noted that despite negligence being present in an accident, not every collision qualifies for a personal injury lawsuit. A slight collision, for instance, may not harm a person.
At what Point Should I Institute a Personal Injury Claim?
A person has the right to sue another person for personal injury if they are hurt in an accident that was their fault.
Pursuing Compensatory Damages for Personal Injury Cases
If your personal injury claim is successful, you will be compensated for your medical costs, ongoing care (such as physical therapy, equipment, rehabilitation, and surgery), lost income, diminished earning capacity, pain and suffering, psychological distress, diminished quality of life, loss of consortium, property damage, and more.
Charges Incurred in Personal Injury Claims
Many victims of personal injury must pay for their medical care as well as any property damage out of pocket. One of the most expensive expenses is medical costs; however, these can be covered by a successful personal injury lawsuit.
Respondents in Personal Injury Claims
Lawsuits about personal injuries may name numerous defendants. Depending on the nature of the case, different parties may be sued. For instance, the defendant in a case involving a workplace accident would be the individual’s employer. Anybody, known or unknown to the victim, could be the defendant in a case involving physical assault. Another driver would be the defendant in a vehicle accident case.[5]
Do I have a Valid Claim?
You have a strong case against someone if you were the victim of a legitimate personal injury and they were responsible for the accident or dangerous circumstances that directly resulted in your injuries and other damages. A personal injury lawyer can assist you in determining the viability of your claim.
Related FAQs
Q: What type of Personal Injury Claims are instituted?
A: The most frequent categories of personal injury claims include assault and battery, slip and fall incidents, car accidents, and medical negligence.
Q: What is the Extent of the Contingent Fee taken by a Personal Injury Attorney?
A: Should your case succeed, personal injury attorneys are paid on a contingency basis. If you win, they will take 33–40% of your payout. You are not required to pay, though, if your lawsuit is lost.
Q: What is regarded as a Personal Injury Claim?
A: A personal injury claim is a lawsuit brought by a person (the plaintiff) who has been harmed or injured as a result of the carelessness or deliberate actions of another person (the defendant). This damage may be monetary, psychological, or physical. Such claims must be raised within two (2) years under the provisions of the California Code of Civil Procedure section 335.
Q: How do Personal Injury Arise?
A: Numerous accidents, such as vehicle collisions, slip-and-fall incidents, workplace mishaps, medical negligence, defective products, and more, may give rise to personal injury lawsuits.
Q: In California, how long do I have to submit a personal injury claim?
A: The majority of personal injury claims in California have a two-year statute of limitations from the date of the accident or the injury’s discovery. It is imperative that you submit your claim inside the specified time frame or you may forfeit your opportunity to pursue compensation.
Q: What kind of money may I get if I file a personal injury lawsuit?
A: In personal injury lawsuits, damages—also referred to as compensation—may include lost income, medical costs, property damage, emotional distress, pain and suffering, and, in certain situations, punitive damages.
Q: Is it Necessary to Retain a Personal Injury Attorney following a Personal Injury?
A: Even if you may manage a personal injury claim without legal assistance, doing so can greatly improve your chances of getting just compensation. A lawyer can represent your interests, negotiate with insurance companies, and help you through the convoluted legal system.
Q: What Factors are Considered in Apportionment of Liability in Personal Injury Cases?
A: In personal injury cases, the fault is usually established by evaluating each party’s level of carelessness or accountability. Due to California’s use of the comparative negligence rule, awards may be withheld if the plaintiff is deemed to have contributed to the accident to some extent.
Q: What Offer Should I Take from an Insurance Service Provider?
A: It is imperative to seek legal advice from a personal injury attorney before accepting any settlement offer made by an insurance provider. Insurance firms frequently attempt to negotiate lower settlement amounts for their claims. A lawyer can evaluate the offer and advise you on its fairness in light of your case’s specifics.
Q: What Occurs Where the Culpable Party is Uninsured?
A: You may be able to obtain reimbursement through other channels, such as the uninsured/underinsured motorist coverage on your insurance policy, if the at-fault party is uninsured, or if their insurance coverage is inadequate to pay your damages.
Q: Should I Pursue the Claim if I Was Partially at Fault?
A: In California, it is still possible to pursue a personal injury claim even if you had some degree of fault in the collision. However, the comparative negligence rule may result in a reduction in your compensation based on your degree of fault.
Q: What Steps Should Follow a Personal Injury?
A: Seek immediate medical assistance, take pictures of the accident scene and your injuries, get the contact details of any witnesses, report the accident to the relevant authorities, and, to find out more about your legal rights and alternatives, speak with a personal injury lawyer as soon as you can.[6]
Personal injuries arise from various causes. Most of the causes are listed in the foregoing. We at Big Ben are well-versed in pursuing your claim. Contact us today and get the best representation.
Contact Us
Big Ben Lawyers are available throughout the day and the year and would aim to ensure that you get the best possible outcome in your personal injury claim. It is therefore extremely crucial that you reach out to us as soon as you are involved in an accident so that we can help you through the process of getting the compensation that you deserve.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206
[1] Lawsuit Info Center, Check before you Settle- Injured? Get Help Now at https://lawsuitinfocenter.com/motor-vehicle-accidents-pm/?utm_campaign=PM-MVA&device=c&keyword=&ad_group_id=&net=x&gad_source=1&gclid=Cj0KCQjwwYSwBhDcARIsAOyL0fiTxqS5Ckx7wKnzGxJ5yeD8MXQSSigCCL3Md5Cbqa5fdS-dUdaiEicaAkNAEALw_wcB, accessed on 21st March, 2024.
[2] Ibid.
[3] Mail Online, California’s car crash death and drunken driving fatality capital is revealed – and the result WON’T surprise you, available at https://www.dailymail.co.uk/news/article-13053147/california-car-crash-death-dui.html, accessed on 22nd March, 2024.
[4] National Institutes of Health, An Introduction to Medical Malpractice in the United States, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/, accessed on 22nd March, 2024.
[5] Lawyers.com, The Personal Injury Lawyers in Santa Clara County, available on https://www.lawyers.com/top-lawyers/personal-injury/ca-santa-clara.html?&utm_source=google&utm_term=injury%20lawyers&utm_campaign=LDC+Test+-+Santa+Clara+County+CA&utm_medium=cpc&utm_content=sL9j3WExj_dc|pcrid|677813288601|pkw|injury%20lawyers|pmt|p|grpid={groupid}&mkwid=L9j3WExj&loc_interest_ms=9032178&loc_physical_ms=9076854&gad_source=1&gclid=Cj0KCQjwwYSwBhDcARIsAOyL0fjkOOjIyB_3H_ZWSBn7CUIsUJC1hIOb1hW-F0EXu2kB9ecbkcytUGIaAhcxEALw_wcB, accessed on 22nd March, 2024.
[6] Ibid.