What Are the 5 Most Common Types of Personal Injury Cases?
By Ben Gobel on July 24, 2024
Under personal injury law, you can recover financial losses related to the injuries you’ve suffered due to another person’s negligent actions. Through a personal injury lawsuit, you can avoid paying for all the added expenses that come with these types of accidents.
Personal injury claims usually start with contacting the insurance company. However, when the insurer offers a low settlement or even denies issuance of these payments, filing a personal injury case with the help of an experienced personal injury attorney is advised.
Ogg, Murphy & Perkosky, P.C. is the Pittsburgh injury law firm that can help you seek compensation for your personal injury case. This informative blog post details the most common types of personal injury cases and what you can do to get financial recovery for your serious injuries.
Personal Injury Law and the Most Common Types of Personal Injury Lawsuits
Personal injuries can happen in many different types of accidents, often leading to severe injuries for victims. An injured party can file a personal injury lawsuit for different kinds of personal injury cases. Here is a look at the most common ones that may lead someone to pursue legal action.
1. Car Accidents
If you were in a car accident, you should know that it is one of the top reasons for lawsuits. Injuries caused by auto accidents can leave lasting impacts that may completely alter the course of your life. You may no longer be able to work in your former capacity or enjoy your favorite hobbies.
When an auto accident is caused by someone else, you have the legal right to recover the expenses from your personal injuries. This is true of any motor vehicle accident, including motorcycle accidents, pedestrian accidents, bicycle accidents, and bus accidents.
Car crashes can also lead to wrongful death cases. If your loved one was killed by a negligent driver, wrongful death claims help surviving family members recover expenses for funeral and burial, along with the medical expenses incurred for treatments to save their lives. Whether you were hurt in an auto wreck or you need to file a wrongful death lawsuit on behalf of a lost loved one, make sure that you contact a personal injury lawyer to help you through the legal process.
2. Medical Malpractice
Of all personal injury cases, medical malpractice claims are among the most complex. A medical malpractice claim may arise when medical professionals fail to provide proper care. If you or a loved one seek medical attention and you are misdiagnosed, the incorrect dosage was provided, or surgical errors like birth injuries were made, you may have a medical malpractice case.
Medical malpractice cases will require expert testimony and may be lengthy. Since an unfortunate medical outcome doesn’t always mean malpractice, you should discuss your concerns with a personal injury attorney.
3. Workplace Injuries
When workplace accidents occur, you need to file a workers’ compensation claim. Injured workers on construction sites at office settings can file these claims. However, if an employer does not have this coverage as required by the law or fails to file a claim when you were injured while doing your job, you can file this type of personal injury case.
4. Product Liability
Some of the most common product liability cases involve a defective product. A defective product has faults in the design or manufacturing or lacks sufficient warnings. Personal injury cases involving product liability can become a wrongful death claim when the user of the item does not survive their injuries. Since these types of lawsuits can involve anything from defective automotive parts to medical devices and medications, they sometimes result in catastrophic injuries.
5. Slip and Fall Accidents
Among fall accidents, slip and falls are under the umbrella of premises liability law, just like dog bites. However, unlike dog bites that hold an owner to strict liability, a slip and fall accident will require the injured person to prove that a property owner was liable for their injuries. Premises liability cases that involve slips and falls can be highly complex and are one of the common types of personal injuries that should not be faced without legal representation.
Determining If You Have a Valid Personal Injury Claim
For all types of personal injury claims, from boating accidents to construction accidents, if you sustain injuries because of someone else’s careless actions, you can hold the at fault party responsible for your personal injury damages. Most personal injury cases will require that you as the plaintiff prove that the at-fault party was negligent and liable for your serious injury.
If the at fault party failed to uphold their duty of care or acted in a way that caused you intentional harm, it is their financial responsibility to pay for your damages. These damages may include your medical bills and lost wages, along with other non-economic damages such as your mental anguish, loss of enjoyment of life, or pain and suffering.
When a person suffers injuries because someone behaved with gross negligence, punitive damages may be applied. They are only limited in cases of medical negligence.
To determine if you have a valid claim, it is best to speak with an attorney who can help analyze the unique factors of your case. A person or entity can only be held responsible for your injuries and damages if they meet all the requirements for negligence. It must be shown that they owed you a duty of care and breached that duty. Additionally, this breach must have led to the accident that caused your injuries and damages.
Whether you’ve suffered broken bones or a traumatic brain injury, you will likely have unexpected medical costs. You may even have the need for ongoing medical care as a result. If you have been hurt due to someone else’s negligent actions or inactions, make sure you contact Ogg, Murphy & Perkosky, P.C. for legal assistance.