Were you injured in a recent accident or incident? Perhaps another driver hit your vehicle at a red light, or you slipped in a slick parking lot at the grocery store. You have legal options.
The law may entitle you to damages if another party injures you, such as in a car accident or slip and fall incident. You must prove that the other party violated their duty of care, which led to your injuries and damages. If successful, you may receive damages of several types, as this article highlights. If you think you have a case, speak to a personal injury lawyer in your area today.
What Types Of Cases Lead To Personal Injury Claims?
Personal injury claims arise from a variety of incidents where an individual suffers harm due to another party’s negligence, recklessness, or intentional actions. These claims aim to compensate the injured party for losses, including medical expenses, lost income, and pain and suffering. The types of cases leading to personal injury claims are diverse, ranging from everyday accidents to complex situations involving defective products or unsafe premises.
Motor Vehicle Accidents
Motor vehicle accidents are a leading cause of personal injury claims. These include collisions involving cars, trucks, motorcycles, bicycles, or pedestrians. Claims often stem from negligent behaviors such as speeding, distracted driving, or driving under the influence. For example, a driver texting while driving who causes a rear-end collision may be liable for the victim’s injuries.
Slip and Fall Accidents
Slip and fall accidents fall under premises liability, where property owners are held responsible for injuries caused by unsafe conditions on their property. Common scenarios include slipping on wet floors in stores, tripping on uneven sidewalks, or falling due to poor lighting in apartment buildings.
Property owners are required to maintain safe premises and warn occupants of known hazards. For instance, a grocery store that fails to clean up a spill promptly may be liable if a customer falls and breaks a bone. Proving negligence requires showing the owner knew or should have known about the hazard and failed to address it.
Medical Malpractice
Medical malpractice claims arise when healthcare professionals, such as doctors or nurses, fail to meet the standard of care, causing injury to a patient. Examples include misdiagnosis, surgical errors, or prescribing incorrect medications.
These claims are subject to the Medical Injury Compensation Reform Act,, which caps non-economic damages at $250,000 for cases filed before 2023, with adjusted caps for cases filed after 2023. A patient who is injured due to a surgeon leaving a foreign object in their body may file a claim. Proving malpractice requires expert testimony to establish the standard of care and how it was breached.
Product Liability
Product liability claims involve injuries caused by defective or dangerous products, such as faulty medical devices, unsafe vehicles, or contaminated food. Law permits claims based on design defects, manufacturing defects, or failure to provide adequate warnings of risks. For example, a consumer injured by a defective car airbag that fails to deploy properly may sue the manufacturer.
Strict liability applies, meaning the plaintiff does not need to prove negligence, only that the product was defective and caused harm. These cases often involve complex evidence, including product testing and expert analysis.
Dog Bites and Animal Attacks
Dog bite cases are common, and states, such as California, are governed by a strict liability statute that holds dog owners liable for injuries caused by their pets, regardless of the animal’s prior behavior. If a dog bites someone in a public place or while the victim is lawfully on private property, the owner is typically liable for the victim’s medical bills and other damages.
For instance, a delivery worker bitten by a dog on a homeowner’s property could file a claim. Other animal attacks, such as those by exotic pets, may also lead to claims, though liability may depend on negligence.
Wrongful Death
Wrongful death claims are filed when a person’s death results from another party’s negligence or intentional act. Eligible claimants, including spouses, children, or dependent parents, can seek compensation for losses such as funeral expenses, lost financial support, and emotional distress.
Common causes include car accidents, medical malpractice, or workplace incidents. For example, the family of a pedestrian killed by a reckless driver could pursue a claim. The law requires proving the death was caused by the defendant’s wrongful conduct, with damages calculated based on the deceased’s contributions to the family.
Workplace Injuries
Workplace injuries often result in personal injury claims, although many are initially handled through workers’ compensation system, which covers medical costs and lost income regardless of fault. However, if a third party, such as a contractor or equipment manufacturer, caused the injury, a personal injury claim may be filed. For example, a construction worker injured by a defective crane could sue the manufacturer. Claims against employers outside workers’ compensation are rare but possible in cases of gross negligence or intentional harm.
Assault and Battery
Intentional torts like assault and battery lead to personal injury claims when someone suffers harm from another’s deliberate actions. Assault involves the threat of harm, while battery involves physical contact, such as a punch causing a broken jaw. Victims can seek compensation for medical costs, emotional trauma, and lost income. These claims may also result in punitive damages if the defendant’s actions were particularly malicious. Criminal charges may accompany civil claims, but the civil case primarily focuses on compensating the victim, rather than punishing the offender.
Damages In A Personal Injury Lawsuit
You can sue for various types of damages in a civil lawsuit, depending on the nature of the case, such as personal injury, property damage, or wrongful death. Damages may include:
Economic Damages
Economic damages, also referred to as compensatory or special damages, cover verifiable financial losses resulting from the incident. These include medical expenses, such as hospital bills, surgeries, or therapy costs, calculated based on the amount paid or required to be paid, not the billed amount. For example, if Medi-Cal paid $20,000 for a $30,000 medical bill, the $20,000 is used to determine damages.
Lost earnings or income due to missed work, supported by pay stubs or W-2 forms, also fall under this category. Other economic damages include costs for property repair or replacement, such as fixing a car after an accident, and expenses like hotel stays if you were displaced due to property damage. In cases of wrongful death, burial costs may also be included. The goal is to reimburse the plaintiff for tangible financial impacts.
Non-Economic Damages
Non-economic damages compensate for subjective, non-monetary losses that are harder to quantify. These include pain and suffering, emotional distress, and loss of enjoyment of life caused by the incident. For instance, a car accident victim might receive compensation for the psychological trauma or chronic pain affecting their daily life.
The law recognizes emotional distress as a valid claim, even without physical injury, though it must be proven with evidence like therapy records or witness testimony. In motor vehicle accident cases, uninsured plaintiffs may face limitations on recovering non-economic damages, except in cases like DUI-related accidents. Documenting the impact through a pain journal or testimony from family and medical professionals strengthens these claims.
Punitive Damages
Punitive damages, also called exemplary damages, are awarded to punish the defendant for egregious conduct and deter similar behavior in the future. These are not tied to the plaintiff’s losses but to the defendant’s actions, which must be proven by clear and convincing evidence to involve oppression, fraud, or malice. For example, a defendant who intentionally damages property or acts with reckless disregard, such as driving under the influence, may be subject to punitive damages.
Some states, such as California, for example, do not cap punitive damages, but they must be proportionate to compensatory damages, typically two to three times the amount. However, punitive damages are not generally available in claims against government entities. Pursuing these requires an experienced attorney due to the high burden of proof.
Considerations for Suing the Government
When suing a government entity, there are laws allowing claims for personal injury, property damage, or wrongful death under specific conditions, such as government negligence in maintaining safe roads or premises.
Compensatory damages, including medical bills, lost income, and pain and suffering, are recoverable, but punitive damages are typically not allowed. A notice of claim must be filed within six months of the incident, detailing the date, place, and circumstances of the harm. If the claim is denied, you have six months from the denial to file a lawsuit. Consulting a personal injury attorney is advisable due to the strict procedural requirements and shorter deadlines associated with these cases.
What Can Your Personal Injury Lawyer Do For You?
A personal injury lawyer can provide critical assistance if you have been injured due to someone else’s negligence or intentional actions. These attorneys focus their practice on tort law, which encompasses cases such as car accidents, slip and fall incidents, medical malpractice, and product liability. Their primary role is to help you seek compensation for damages such as medical expenses, lost earnings, pain and suffering, and other losses resulting from your injury.
Evaluate Your Case
First, a personal injury lawyer evaluates your case to determine its strength. They investigate the circumstances of your injury, gather evidence like medical records, police reports, and witness statements, and assess whether the responsible party was negligent or at fault. This initial consultation is often free, allowing you to understand your legal options without upfront costs.
Determine Your Damages
Once you decide to pursue a claim, your personal injury lawyer builds a case to prove liability and the extent of your damages. They negotiate with insurance companies to secure a fair settlement, as insurers often try to minimize payouts. If a settlement cannot be reached, your attorney may file a lawsuit and represent you in court, presenting evidence and arguments to a judge or jury to seek a favorable verdict.
Personal injury lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. This fee is usually a percentage of the settlement or verdict, typically around 33 to 40 percent. This arrangement enables you to pursue justice without incurring upfront legal fees, making legal representation more accessible even if you cannot afford hourly attorney rates.
Handle Legal Complexities
Your lawyer also handles all legal procedures, including filing paperwork, meeting deadlines, and complying with your state’s statute of limitations laws, which generally requires personal injury lawsuits to be filed within two years of the injury. They can also advise you on protecting your rights, such as avoiding statements to insurance adjusters that could harm your claim.
Maximize Compensation
Additionally, a personal injury lawyer can help maximize your compensation by identifying all liable parties and applicable insurance policies. They may pursue compensation for future medical costs, ongoing care, or diminished earning capacity if your injuries have long-term effects.
Further, your personal injury attorney will rely on subject matter experts to estimate your damages. For example, suppose you have a spinal injury. Your lawyer has connections to medical and occupational experts who can accurately measure what your economic losses will be for years in the future. Without your attorney, you could vastly underestimate what your future damages will be.
By leveraging your lawyer’s skill, you increase your chances of obtaining fair compensation while focusing on recovery rather than legal complexities. You will find that allowing your attorney to worry about the legal and insurance headaches is worth it because you will have peace of mind as you get better.
Speak To A Personal Injury Lawyer Now
Another person or entity injured you in a car crash, and you have injuries and financial losses. The best move is to retain a skilled personal injury attorney in your area now. Most consultations are free, and you won’t pay unless your attorney wins. Call a personal injury lawyer today to ensure your rights are protected.