Posted by Guajardo & Marks, LLP on 04/29/2019

Are There Different Types of Personal Injury Cases?

Are There Different Types of Personal Injury Cases?

A personal injury lawsuit allows the injured plaintiff to obtain compensation when another party’s negligence or intentional action caused them harm. There are many types of personal injury cases, but not every situation where someone is hurt will lead to a strong legal case.

Personal injury lawsuits can lead to compensation for a variety of damages. Some of the most common are medical bills, loss of wages and earnings, and pain and suffering. The latter is the most difficult to prove, and the compensation you can obtain for pain and suffering varies tremendously from case to case.

Below are the most common types of personal injury cases. Be sure to talk to a licensed attorney if you think you have a case in one of the below areas.

Car Accidents

Car accidents are the cause of the most personal injury lawsuits in the country. When a car accident occurs, it usually is because a driver is not following the rules of the road. Or the driver may not be driving as carefully as he should. A careless driver often can be held financially responsible for injuries related to the accident. The parties who might receive compensation include passengers, other drivers, pedestrians, bicyclists, etc. Some states have ‘no fault’ laws, where drivers must collect compensation from their own insurance companies except for very serious injuries.

Medical Malpractice and Errors

A medical malpractice lawsuit can happen when a healthcare professional does not provide skilled and competent care and the patient suffers an injury. Medical malpractice cases are quite complex and require the skills and experience of a top notch attorney.

Slip and Fall

Slip and fall accidents often lead to lawsuits. Property owners have a legal responsibility to keep their property safe and free (within reason) of hazards so that people on the property are not hurt. But not all injuries that happen on a property will lead to a lawsuit. Slip and fall cases usually are based on state premises liability laws.

Libel and Slander

Defamation of character as it occurs in libel and slander refers to the notion that someone can suffer damage to their reputation due to statements that are untrue. The nature of the defamation that must be proven depends on who you are and the forum where the allegedly false statement was made. The average man or woman just needs to show that a negative statement that is untrue was made and led to harm (financial loss). But celebrities have to prove there was ‘actual malice’ involved. This means they must show in court that the untrue statement was made with reckless disregard as to the truth of the statement.

Dog Bites

Dog owners generally are financially responsible for dog bites and other injuries that are caused by their dog. The matter of owner responsibility will vary by state. In some dog bite cases, there are strict liability laws and the dog owner is responsible for damages even if the dog never showed any aggression before. But in some states, there is a ‘one bite’ law. This means the owner is responsible for losses once there is a reason for that owner to know the dog was aggressive or could bite.

Assault and Battery

Assault and battery, also referred to as intentional torts, are not cases based on accidents due to carelessness or negligence. These lawsuits occur when a person injures another with purpose and malice. These lawsuits usually involve a criminal case as well. For instance, if a person physically attacks someone, he will probably face criminal sanctions in addition to personal liability. The victim always has the option of filing a personal injury lawsuit in civil court.

There are many types of personal injury cases, and each case differs greatly from others. If you are injured in any type of personal injury case, it is important to find an experienced and skilled attorney in that area of personal injury law.

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