Research shows that the average personal injury settlement claim amounts to around $53,000. However, in exceptional circumstances, this number could even go up to the billions. That being said, regardless of the compensation you expect to receive, you must first ensure you have a strong personal injury claim. This raises two important talking points. First, we need to address what elements make a personal injury case. Secondly, we must look into the various types of personal injury cases that are likely to give you a good claim for compensation.
Let’s get straight to it.
Types of Personal Injury Cases and What They Have in Common
Personal injury refers to a situation where one person suffers an injury due to the negligence of another person. These are typically accidents and are likely to be caused due to the defendant’s carelessness rather than deliberation.
A typical personal injury case will include negligence, liability, and injury. This means that there must be negligence on the part of one party, such negligence must result in an injury to the other, and the offending party must owe a duty of care to the other to incur liability.
You can further understand this by examining these elements within the most common types of personal injury cases we see in U.S courts.
1. Medical Malpractice
A patient can file a medical malpractice claim when they suffer an injury due to the negligence of medical practitioners. This includes nurses, doctors, and other professionals in the field.
In the event of a misdiagnosis, incompetent advice, faulty prescriptions, and carelessness resulting in birth injuries or other bodily harm to an adult, you will likely have a good medical malpractice claim against your doctor. However, you must prove that the medical practitioner in question acted negligently and that you were in fact under their care at the time of injury.
2. Slip and Fall Case
A slip and fall accident is another common example of a personal injury case. These cases are somewhat self-explanatory and refer to a situation where someone suffers a fall on another person’s property.
In these cases, you must prove that the person who owns these premises had a duty of care towards you and that such duty has been breached.
For example, a failure to put up a “slippery when wet” sign at a hotel, while the floor is wet, would amount to negligence on the part of the management. If you then slip and suffer an injury on this wet floor, you would have a good claim against the hotel.
3. Auto Accidents
All motor vehicle and auto accidents come under personal injury law, provided that such accidents were caused due to the negligence of one party.
For example, an accident arising out of the defendant’s failure to adhere to the speed limit, or their ignorance of a red light would amount to a good personal injury claim for the victim.
The “injury” in question, doesn’t necessarily refer to a physical one. Defamation lawsuits also come under the personal injury blanket due to the damage caused to your reputation or mental health.
Your injury could manifest in the form of public humiliation, loss of a job, loss of earnings, damage to reputation, emotional trauma, and more.
5. Dog Bites
Dog owners are usually responsible for the actions of their dogs. So, if you do get bitten by a dog, you likely have a good claim against their owner.
Keep in mind that these laws vary from state to state. For example, according to California state law, the owner is responsible for the dog bite regardless of whether they knew that their dog was dangerous, or not. Other state laws only hold the owner accountable if they were aware of a pre-existing biting problem.
6. Product Liability
Manufacturers owe their consumers safe products. If you’ve suffered an injury due to a defect in a product you bought, you have a good personal injury claim against the manufacturers.
Keep in mind that this must either be a defect in design or a defect in the manufacturing process for you to be able to claim compensation. Additionally, this defect must be one that could have been predicted to cause injury. This must be that the nature of the defect should be such that when known, one could predict the likeliness of injury due to the defect.
7. Wrongful Death
When someone dies as a result of another person’s carelessness, their family or loved ones can file a wrongful death lawsuit against the negligent party.
These can arise out of any of the personal injury cases mentioned above. For example, a medical malpractice lawsuit can turn into a wrongful death lawsuit when the victim succumbs to their injury. A similar claim can be filed when someone dies in a car or motorcycle accident due to the negligence of the other driver.
Generally, only immediate family members or dependents can file a claim for wrongful death. This, of course, will vary from state to state, so be sure to check your state laws to see if you are entitled to any damages.
Finding a Personal Injury Attorney in California
Do you or does someone you know have a personal injury claim? Did you suffer an injury due to the negligence of someone else? If so, it is important to get the justice you deserve.
At Los Angeles Legal Solutions, we provide legal guidance and representation for all types of personal injury cases. We can help you get the compensation you deserve for your medical expenses and more.
Contact us to schedule a free, and confidential case evaluation with our experienced personal injury attorneys in LA, today.