Regardless of when and where of the accident, personal injuries can be quite daunting. Apart from the immediate trauma of the injury, dealing with the parties associated with the accident and seeking the compensation you deserve can become a painstaking process. When it comes to lawsuits, timing is everything – which is why it is important for everyone to know the situations wherein they can file a personal injury lawsuit.
Most personal injury lawsuits get settled outside the court and do not reach trial. However, to accomplish this, you would need highly personal injury lawyers who can guide you through the entire process. For your understanding, we have listed down a few situations in which you can pursue a personal injury lawsuit:
1. Motor Vehicle Accidents
Motor vehicle accidents are known to be one of the top causes leading to personal injury lawsuits in the United States. Motor accidents can often lead to serious injuries or even death and can happen as a result of the most minor oversights or errors of judgment. Motor vehicle accidents can of course lead to significant medical expenses, but more importantly, they can cause severe pain and suffering for the victims. To start mitigating these losses right away, you need to avail legal counsel that can seek suitable compensation for you.
Motor vehicle accidents can be of different types and can include various types of accidents such as car, bus, and truck accidents. While the parties that may be held responsible in each of these accidents may vary, it is undeniable that the victim can seek compensation for the damages that they have incurred due to the accident. So if you or a loved one gets into an accident – whether it is a minor fender-bender or a major life-altering accident, filing a personal injury lawsuit is a viable option for recovering your losses.
2. Work Injuries
Here is a type of injury that people often cover up or do not know they can do anything about. Unfortunately, it is often observed that work-related injuries are often not given the same importance that other types of personal injuries get. Depending on the industry in which you work, such injuries can often be quite serious and incur major medical costs.
Most industries enforce workers’ compensation that employers are liable to pay to employees in case of injuries that the latter sustain on the job. However, if your employer does not offer this compensation, and you are sure that the injury was not caused due to your own negligence in any way, you can pursue a personal injury lawsuit. You can seek compensation for the damages incurred by you and even go to trial if the employer refuses to provide a suitable settlement as compensation.
3. Medical Malpractice
People often overlook the fact that if you have been a victim of medical malpractice, you have the right to pursue a personal injury lawsuit against related parties. In such cases, victims are protected by personal injury law as well as medical malpractice law. Considering the specific nature of the field, and the expertise required, medical malpractice claims are often difficult to establish. Proving that the injury is caused due to negligence of the medical authorities, as opposed to the underlying injury/illness is complicated, and hence expensive.
So how do you define medical malpractice? Legally, any time a medical representative does not adhere to “the recognized standard of care”, and as a result harms the patient, it can be considered medical malpractice. This happens more often than you realize, and is the third leading cause of death in the United States, according to the Journal of the American Medical Association.
4. Slip-and-Fall
Slip and fall accidents can sound quite trivial at the first mention but can cause serious injuries or long-term impairments in some cases. Legally speaking, every property owner is responsible for the maintenance and upkeep of their property in order to ensure the safety of visitors. The Premises Liability Law is important applicable here because, if individuals are injured in a slip and fall accident as a result of the failure of these safety measures, the property owner is liable to pay compensation to the victim.
Some of the common examples of negligent actions that can lead to slip-and-fall accidents include lack of upkeep, insufficient lighting, insufficient securities, or damaged interiors. Regardless of whether the property is private or commercial, if you or a loved one has sustained injuries as a result of such negligence, then you should pursue a personal injury lawsuit against the liable party. The injured can get compensation for the damages incurred as well as prevent future accidents by taking immediate action in such circumstances.
5. Dog Bites
A recent study suggests that 4.5 million dog bites take place annually in the United States. This indicates just how serious pet-inflicted injuries can prove to be. In some instances, failure to find the right treatment or care can prove to be fatal for the injured individual. Dog bites can seem like a sudden accident, but in some cases, the dog might have exhibited aggressive behavior in the past, which suggests that the owner was aware and negligent of their dog’s likelihood of biting other individuals.
In such cases, the injured individual can claim compensation for the injuries and cover the healthcare costs that they might have to incur as a result. Filing a personal injury lawsuit may be the right course of action at such a time, as a lawyer can fetch you the right kind of settlement most of the time. Filing a personal injury lawsuit for a dog bite can be quite tricky and hence, a lawyer can guide you on whether you pursue the lawsuit at all.
The Verdict
Personal injuries, irrespective of the cause can be stressful and difficult to deal with. The financial implications of such injuries can often increase the pain caused to you. In such situations, you can file a personal injury lawsuit if you know that another party’s negligence was responsible for the injury. Such compensation can cover your medical expenses as well as offer you solace during times of difficulties. In such cases, you should hire the right kind of personal injury lawyer who can deal with your lawsuit adeptly, and legally represent your interests.