During personal injury cases, a defendant has to prove their innocence after a plaintiff accused them of causing damage, injury, or illness through their actions. There are lots of different things that can be classified as personal injury cases, from construction accident lawsuits to dog bite injury lawsuits.
In this article, I will go through 10 most common incidents that lead to a personal injury case.
1. Wrongful death
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The thing that most people get wrong with wrongful death cases is that these accidents don’t have to be intentional. In fact, you can sue a person even if they cause death by an accident. Wrongful death cases encompass a wide variety of situations. The one common thing about all of them is that they lead to a death of a person.
When talking about potential compensations, if found guilty, a defendant should cover a plethora of costs, including the funeral and medical bills. They are also responsible for the emotional toll on the family. Depending on the state, the lawsuit should be carried out by a different family member, but, in most cases, it is a spouse’s responsibility.
2. Negligent security lawsuit
These types of incidents can occur on various types of premises including hospitals, gas stations, hotels, parks, restaurants, etc. You can file a lawsuit if you were attacked while being on a property. The owner of a property needs to ensure there are enough security cameras, qualified security guards, working lighting, doors that can be locked, and so on.
“If you were a victim, you need to react as soon as possible because certain states have deadlines for filling these lawsuits,” warns Stein Law, a company that specializes in negligent security lawsuit in Miami. Of course, the rules might vary from state to state, but this is the general outlier.
3. Accidents at the construction site
Construction sites are extremely dangerous environments. Although most companies do their best to secure the location, there is still a chance that accidents may occur. The issue can be caused by various building or process defects or faulty equipment.
Before starting a lawsuit, you need to determine who was responsible for the accident. Given that the construction jobs involve various parties; you need to find the one who was in charge of a particular process.
4. Lawsuits pertaining to slippage
Although many people laugh when we talk about slippages, these accidents can be very damaging, especially if they happen to the elderly. Besides house accidents, you can suffer this injury just about anywhere.
The best example is slippery floors where a company owner didn’t do enough to isolate the area or leave signs that the floor is dangerous. The thing about slip and fall injuries is that the laws can vary from state to state. In fact, in some cases, the plaintiff can be equally responsible for the mishap as the person securing the location.
5. Medical malpractice
Medical malpractice lawsuits are among the most common personal injury processes in the US. Basically, a doctor’s duty is to perform a treatment to the best of their ability. If they don’t act according to a particular situation, or if they provide less than optimal care, they can be liable for the consequences.
The main issue with this kind of lawsuit is that it can be hard to determine the practitioner’s culpability. In a real-life situation, some patients simply cannot be helped. There are a lot of gray areas that can be left to interpretation. As a result, if you wish to file this kind of lawsuit, it is best to consult with a medical law expert beforehand.
6. Car crashes
Every year, 2 million Americans are hospitalized due to car crashes. More than 150,000 die in such accidents. These lawsuits can pertain to just about any vehicle, including car accidents, motorcycle accidents, and truck accidents.
When it comes to car accidents, it is relatively easy to determine culpability, especially if we compare it to some other personal injury lawsuits. There are clear traffic rules for all the participants, and depending on who broke these rules, they will be responsible for the crash. Besides human error, car crashes are also affected by other factors such as fatigued driving and driving under the influence.
7. Harm due to drug use
Drugs are very problematic products. Despite all the testing, we still don’t know how they might interact with a particular biological organism. It is the company’s duty to label these chemicals properly so that a user knows what to expect. Regardless, a person can experience various issues due to drug use. If found guilty, a defendant should compensate a plaintiff by covering the medical costs, emotional and physical pain, lost salaries, and wrongful death.
Due to enormous costs, drug use lawsuits are usually started as class action lawsuits by numerous plaintiffs. These processes tend to drag on and can be quite messy.
8. Medical equipment with a defect
Speaking of medical lawsuits, I also have to include cases pertaining to defective medical equipment. Given how important these devices are, any malfunction can lead to severe harm to a patient. Depending on the damage, a plaintiff can seek compensation from the manufacturer.
We use medical devices and equipment for just about any medical procedure. In that regard, they can lead to various types of injuries. Like with most other personal injury lawsuits on the list, it is best to hire a legal professional that specializes in this field to get the best possible results.
9. Injuries caused by dogs
Dog bite injuries can be extremely severe, altering a person’s life for good. This is especially true if a child was involved in the accident. Regardless of the situation, the dog owner is culpable for any harm that his dog causes to another person. The responsibility tends to vary depending on your state, as well as case specifics (for example, a person trespassing on a defender’s property can be redeeming factor).
Of course, the situation is completely different if you were attacked in a public space. In that case, the dog owner is fully responsible for the outcome.
10. Brain traumas
Brain traumas are quite specific. They don’t indicate the type of accident that a person suffered but the results of such an accident. Given how debilitating these injuries are, they were established as a special category. The biggest issue with these kind of lawsuits is determining the full extent of damage to the defender’s brain.