What Is a Personal Injury Case?
Every year, nearly 100 million people seek emergency treatment for an unintentional injury, according to the U.S. Centers for Disease Control and Prevention (CDC).
There are many types of personal injury damages and many types of personal injury claims.
A personal injury case arises when one person suffers an injury due to another person’s misconduct.
Sometimes, the misconduct is negligence, which is a legal term that means something similar to ”carelessness.”
In other situations, a claim can arise from recklessness, a more severe form of negligence like intoxicated driving.
Another situation associated with personal injury is intentional misconduct, for instance, a vehicle road rage incident.
1 – Motor Vehicle Accidents
Motor vehicle accidents are a common type of personal injury case. They also include:
- Auto accidents. Automobile accidents are perhaps the most common single subtype of personal injury claims.
- Motorcycle accidents. Motorcycle accidents frequently produce catastrophic injuries.
- Trucking accidents. Although truck accidents frequently produce catastrophic injuries, commercial truckers are typically well-insured.
- Pedestrian accidents. Pedestrian accidents occur most often in urban areas. Wrongful death claims are common.
- Uber/Lyft accidents. Rideshare accidents are becoming more and more common. On-duty Uber and Lyft drivers are typically well-insured.
2 – Medical Malpractice
Medical malpractice occurs when a healthcare provider, typically a physician, injures a patient through substandard medical care. Examples include:
- Surgical error.
- Misdiagnosis.
- Failure to diagnose a dangerous condition.
- Improper prescription.
- Many other possible errors.
3 – Product Liability
Product liability claims generate some of the more unique types of personal injury lawsuits. A product liability claim arises when someone suffers injury from an unreasonably dangerous consumer product. The injured party does not have to be the person who purchased the product. You must prove that the product contained one a d design defect, a manufacturing defect or inadequate warnings about the dangers of the product.
4 – Wrongful Death
Any type of personal injury claim can become a wrongful death claim if the victim dies from the injury. Indiana wrongful death laws are rather complex. However, the deceased victim’s probate estate and certain family members may file a wrongful death lawsuit and receive damages.
The types of damages available will depend on whether the victim is a child or an adult.
5 – Workplace Accidents
Workers’ compensation insurance covers most workplace injuries.
The advantage of a workers’ compensation claim is that you don’t have to prove that your employer was at fault. The disadvantage is that you cannot receive non-economic damages such as pain and suffering.
In some cases of workplace injury, however, you can exit the workers’ compensation system and sue for noneconomic damages.
6 – Premises Liability/Slip & Fall
The owner or operator of a public establishment or a private home must ensure that their premises are safe for guests, and people performing duties such as delivering the mail.
The most common type of premises liability claim is a personal injury claim over a slip and fall accident.
The owner or operator of the premises must repair or warn of any dangerous condition that they know of or could have discovered through a reasonable inspection of the property.
7 – Animal Bites and Attacks
Most personal injury cases involving animal bites and attacks are dog bites. A dog owner is liable for any injuries.
There are other types of possible personal injury claims and injuries. They include:
- Burn injury.
- Traumatic brain injuries.
- Spinal cord injuries.
- Whiplash.
- Food poisoning.
- Boating accidents.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570