If you have ever been in an accident or the victim of someone else’s negligence, you may be familiar with the personal injury process. For those who are not, a personal injury claim alleges that someone’s negligence was the cause of another person’s injuries. For example, if a person is not paying attention while driving, and causes an accident, they may be liable for the injuries of the other driver. There are many types of personal injury cases that personal injury attorneys work with on a daily basis, but there are some types that are seen more often than others.
Common Types Of Personal Injury Cases
What follows is an overview of seven of the most common types of personal injury cases. This information is helpful to review if you think you have a personal injury claim and are wondering what options you have.
Slip & Fall
Slip and fall claims are one of the most common types of personal injury cases. Anybody who owns or rents property has a legal obligation to keep the area surrounding their property safe. In fact, they can be held liable if someone becomes injured as the result of hazardous conditions on their property.
The legal obligations of each property owner or piece of property can vary widely, and there are different laws from state to state, so not all injuries sustained on somebody else’s property are litigable.
Auto accidents are unfortunately another leading cause of personal injury. In 2019, about 4.4 million people were seriously injured in an auto accident according to the latest data available from the National Safety Council. Although there are some exceptions (like “no fault” states), a driver that carelessly causes an auto accident will usually be financially liable for personal injuries inflicted onto others.
When products are not sufficiently quality-tested, they can be released in dangerous and defective states. Other times, products will not come with the necessary warning labels or operator guides. These types of products can result in serious injury to people, whether in their own homes, in public spaces or in the workplace.
Some most common examples of harmful products include contaminated or defective food, drugs, consumer products, children’s products, vehicle parts, medical devices, and toxic materials and chemicals. When these defective and dangerous goods are released into the public, individuals, businesses, or government entities who were involved in marketing, selling, designing or producing the product can be held legally accountable.
While our healthcare system saves many, many lives, an unfortunate reality is that negligence in the medical field can and does occur. When doctors, nurses, and/or hospitals are negligent in providing adequate or beneficial care, their patients can suffer serious personal injuries. Medical malpractice covers a wide range of behavior, and can include doctors misdiagnosing patients, providing improper treatment for the situation, making harmful errors during surgery, making mistakes in prescribing or dosing medication, injuries to newborns or mothers during birth, and failing to diagnose serious health conditions like cancer.
Medical malpractice cases are often very serious, both in consequences to the patient and healthcare provider. They are also, unfortunately, commonly-abused in hopes to obtain financial compensation. If you suspect you are the victim of medical malpractice, it is vital that you seek legal counsel from an experienced personal injury lawyer to weigh your options.
“Wrongful death” lawsuits result when one party’s carelessness or negligence results in the death of another person. Wrongful death can be closely-related to other types of personal injury cases, with some most common causes of wrongful death including car or truck crashes, nursing home abuse or negligence, medical malpractice, construction accidents, airplane accidents, or product liability. In these instances, a wrongful death lawsuit provides a way to recover damages that are above and beyond the damages that would be awarded in non-fatal personal injury cases.
Defamation suits can take the form of either libel or slander (for print or spoken defamation, respectively) and are brought forth when false statements or characterizations result in injury to a person’s reputation.
Defamation cases can be complex because the burden of proof can vary widely based on the statement, where it was made, and who it was made about. For example, while an average person would simply only have to prove a defamatory statement is untrue, the burden of proof for defamation is usually much higher for celebrities or other public figures, who are instead required to prove “actual malice.” In these instances, the celebrity must not only prove that the statement at issue was untrue, they must also prove that the party making the statement did so out of a specific ill will.
Assault & Battery
One of the most serious forms of personal injury is assault and battery. Assault and battery cases are different from other types of personal injury cases because they often involve criminal charges against the offending party. Assault and battery cannot result from carelessness or negligence like other personal injury cases. Instead, the crime of assault and battery requires clear intent or purpose in harming or injuring another person. On top of the criminal charges that are brought against the assaulter, victims can also file a civil case to recover compensation for injuries.
Speak To Experienced Personal Injury Attorneys
Not all types of personal injuries require the assistance of a personal injury attorney. It is important to consult with a legal representative to determine if hiring a personal injury attorney is the right choice for your unique case. You should consider hiring an attorney if you have suffered long-term or permanently-disabling injuries that will keep you out of work for an extended period of time or indefinitely. You should also hire an attorney if you have suffered severe injuries that result in expensive medical bills or a lengthy recovery period.
At Parnall & Adams Law, we understand how a personal injury can affect the well-being of an entire family. We have many years of experience providing clients in New Mexico with the personal injury representation they need to reach a successful resolution. When you contact Parnall & Adams Law for professional legal services, you can expect professional and reliable advice and guidance from the very beginning. To receive legal counsel for your case, give Parnall & Adams a call at 505.886.4446 or request a consultation online.