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Personal Injury Case Types

Auto Accident

Auto accidents include injuries and damages that involve more than just your wrecked car. From physical injuries to emotional strain, you could be due compensation from the individual at fault for your accident.

A driver who failed to take reasonable care while operating a vehicle could have acted negligent, which resulted in the accident. If you suffered injuries and/or damages from an auto accident personal injury case, you need to prove that the other driver was at fault.

Slip and Fall

Slip and fall accidents on the property of a person or business could result in a personal injury case. You just need to prove that the property owner, whether private or public, was at fault for causing your incident.

The accident needs to results from the property owner’s negligence to maintain a safe environment for others. The injured individual also has a responsibility to use proper care for his or her actions as well. As there could be varying degrees of responsibility for any slip and fall accident, the injured needs to prove that the property owner is more at fault.

General Liability

General liability, or premises liability, results from an individual being harmed when they enter a property having the expectation of not getting injured. Property owners are responsible for keeping a safe environment for visitors and are liable when injuries occur on the property, under certain circumstances. These can also include services you would get, such as an injury from an infected tattoo.

If a property owner is negligent in keeping his or her property safe from harm and you suffer injuries, you could potentially file a personal injury case. The property owner has different responsibilities depending on the status of the visitor, whether an invitee, licensee or trespasser.

  • Invitee – someone who enters the property because they were invited, such as a customer in a store.
  • Licensee – someone who enters the property for his or her own purpose and is present at the permission of the property owner.
  • Trespasser – someone who enters the property without the permission to do so.

In a situation of a licensee and trespasser, the property owner has no implicit promise that reasonable care has been made to guarantee safety.

If you were hurt at an amusement park, you could be eligible for a personal injury general liability claim.

Birth Defect

If your child suffers from birth defects due to hospital negligence, defective drugs taken during pregnancy or any other circumstance, you could have yourself a personal injury case.

As birth defects can cause mental or physical impairments, or even premature death, they can result from the negligence of an individual or other party.

Often, birth defect cases are settled in arbitration.

Defective Drug

If you suffer from injuries or side effects from defective drugs, you could be compensated from your distress through a personal injury case. Defective drug cases are based on the following:

  • Manufacturing defects, such as the drug became contaminating during the process and causes harm to an individual.
  • Design defects, such as dangerous side effects.
  • Failure to warn, such as defective marketing, including appropriate instructions or warnings.

Often, defective drug cases are settled in arbitration.

Medical Malpractice

Medical malpractice results from a doctor, nurse or other medical professional’s negligence in competently executing his or her medical duties on a patient. In order to prove a medical malpractice case, you need to prove that:

  • You hired the doctor and the doctor agreed to treat you
  • The medical professional was negligent, meaning he or she didn’t carefully treat or diagnose you
  • The negligence of the medical professional caused your injuries, and
  • Your injuries led to precise damages, such as mental or physical pain, excess medical bills or unnecessary absence from work due to treatments.

Medical malpractice cases are often resolved in arbitration.

Product Liability

The branch of law that deals with defective products is called product liability. Product liability laws hold the designers, manufacturers and vendors of products liable for any harm that comes to the buyer and/or user of the product as a result of defect in the product itself. Under the law, a product can be most anything, from medical instruments to food items to automobile components, and everything in between.

For the purposes of product liability law, the term “defect” is defined as any flaw present in the product. In order to have a winnable product liability case, you must have sustained an injury due to a defect in the product. There are three types of product defects under liability statutes.

  • Manufacturing Defects - occur because of problems in the manufacturing process, including poorly functioning equipment, faulty materials, and quality inspection failures.
  • Design Defects - result from a problem with a product’s design, which often includes the types of materials selected for a particular product.
  • Failure to Warn - defects of this type are actually a defect in product warning or safe use documentation. In other words, the defect is not in the product itself but rather the manufacturer’s failure to provide sufficient information on the proper and safe use of the product.

Often, product liability cases are resolved in arbitration.

Work Injury

Being injured while working can sometimes result in a personal injury case, outside of the worker’s compensation system. While on the job, some circumstances where you could file a personal injury lawsuit are:

  • If your employer lacks worker’s compensation insurance
  • If your injuries results from another’s intentional actions,
  • Due to a toxic substance, you suffered injuries, or
  • If you interacted with a defective product while working and underwent harm.

Wrongful Death

Wrongful death claims occur when an individual dies because of the legal fault of another. Wrongful death personal injury claims can happen due to any and all types of fatal accidents, from car accidents to product liability.

If someone dies because of the negligence of another person or entity, the survivors may have the option to file a personal injury wrongful death lawsuit.

Dog Bites

Dog bites occur when a dog not owned by you bites and harms you. These can cause serious injuries and can lead to high hospital bills, lost wages at work, and extensive pain and suffering.

Each state has specific laws on dog bite claims. Some states have a "one-bite" rule, meaning that you cannot always sue after a dog bites for the first time. Most states make the owner take fault for the bite no matter what.

If another dog bites you, you have the right to file a claim against the owner of the dog. Keep in mind that if you win your claim, the dog will be put down.

Very often, dog bite cases are settled in arbitration.