Exploring the Different Types of Personal Injury Cases
Personal injury cases can vary widely. Some involve a single victim who suffered harm from another person’s wrongful conduct, such as road rage, the pursuit of revenge or an argument that escalated to violence.
However, others involve many victims and can result in compensation for huge sums of money. For example, the 20,000 lawsuits that Johnson & Johnson faced over their talc-based baby powder.
Car Accidents
Car accidents are the most common personal injury claim in the country. Many victims experience various injuries, from mild annoyances to life-changing debilitations. Whether involved in a minor fender bender or catastrophic crash, a personal injury lawsuit can ensure you receive full compensation for your medical care and losses.
Many car accident claims involve negligent driving, including speeding, drunk driving, and texting while driving. Drivers may also sustain injuries in lane change accidents, rear-end collisions, rollover crashes, and other collisions. Of course, cyclists can also be involved in car accidents, but liability in a bicycle accident in Orange County (or anywhere else) can be difficult to establish without the help of a professional lawyer.
Pain and suffering compensation can help to ease the impact of a devastating accident. Financial damages cannot erase your physical pain, but they can pay for lost wages when you miss work due to your injuries and other costs related to your recovery. A car accident attorney may help you through the legal approach for compensation. In addition, general damages include compensation for a loss of amenity. This refers to activities you might have been able to engage in before your injury but now can’t, such as hobbies or socializing with friends.
Premises Liability
Depending on where your injury occurred and who was responsible, you may be able to file a premise liability claim. This area of personal injury law covers situations where you are injured on another party’s property due to unsafe conditions. New York laws state that owners of land and buildings are expected to keep their properties reasonably safe for authorized guests or those with business there.
Victims deemed to have the highest level of protection under this law are invitees, such as guests of an apartment complex or visiting shops, banks and restaurants. Owners of businesses must remove any hazardous conditions promptly and warn visitors about dangers that cannot be immediately removed. For example, a store owner must place “wet floor” signs on a spill.
On-the-Job Injuries
Workplace accidents can be extremely traumatic for injured employees. These incidents can lead to serious injuries, permanent disabilities and even death in the worst cases. Luckily, most states have workers’ compensation laws that allow injured workers to file a claim to obtain financial compensation for their medical bills and lost wages.
Some of the most common workplace injuries include herniated discs, broken bones and neck and back injuries. These types of traumatic injuries typically require substantial periods away from work. Often, these injuries can be prevented if workers take proper safety precautions and follow employer policies regarding equipment usage.
Additionally, some workplace accidents can be caused by exposure to toxic substances. These injuries can lead to long-term health problems like cancers, neurological damage and lung diseases. Employees may have grounds to file a personal injury claim if an employer fails to adhere to strict environmental regulations. These claims can be filed by a personal injury attorney in civil court against the company or third party responsible for exposing employees to dangerous chemicals.
Medical Malpractice
Often, medical malpractice cases involve errors in diagnosis, treatment or aftercare. When these mistakes significantly impact the patient, such as resulting in physical or emotional harm, they may constitute malpractice.
Patients have a right to file lawsuits against doctors who commit malpractice by the legal rules of their jurisdictions. In the United States, these lawsuits are typically heard by a state trial court. But what are the different types of medical malpractice claim? Hiring the right lawyer could give you the answer to this question.
In a medical malpractice case, it must be proved that the physician violated their duty to provide professional health care by acting negligently in some way and that this breach caused injury. The plaintiff must also show that there is a direct link between the alleged malpractice and the subsequent damage, a concept known as causation.
In the United States, monetary compensation for medical malpractice injuries may include compensation for the costs of treating the resulting damage, lost income, and pain and suffering. A study by Johns Hopkins Medicine found that more than 250,000 fatalities each year are related to medical errors.