Common Types of Personal Injury Cases
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What are Some Common Types of Personal Injury Cases?
Every year, very high numbers of personal injury cases are filed in the United States. Most of these are based on some form of negligence claim due to accidental or unintentional injuries. Some common types of personal injury cases include:
- Car accident injuries (including pedestrian accidents)
- Premises liability cases (such as those involving dangerous structures or falling objects
- Slip and fall claims, especially in retail and grocery stores
- Medical malpractice and other malpractice-related claims
- Consumer injuries resulting from defective products (“products liability”)
There are many other types of personal injury cases, such as intentional torts (like assault and battery) or surgery injuries. Every state has different laws when it comes to personal injury litigation.
How are Personal Injury Cases Remedied?
The majority of personal injury cases are remedied through a damages award. This is mean to help compensate the victim for losses which may include:
- Medical costs
- Hospital bills
- Costs of medication
- Therapy and rehabilitation costs
- Other related costs caused by the injury, such as lost wages
In other cases, alternative consequences can result for the defendant party. For instance, in a car accident case, the driver at fault will typically have their license suspended, especially in cases involving very reckless driving or drunk driving.
Other legal remedies include an injunction requiring the defendant to take actions correcting their dangerous or negligent behavior. An example of this is where the court requires a manufacturer to correct defects in a dangerous product.
What are Some Defenses in Personal Injury Cases?
Defenses in a personal injury case will depend on the facts surrounding the case as well as the type of injury. For instance, in a slip and fall claim, it may be a defense if the plaintiff can’t prove that the store owner was negligent. An example of this is where the store owner took all precautions to keep the floor safe and the slip occurred outside of the store owner’s premises.
Another common defense is where the plaintiff contributed to their own injuries. In some case, if the victim’s own negligence contributed to their injury, they may have their damages award reduced, or they may be completed prevented from recovering any damages at all.
Do I Need a Lawyer for Help With a Personal Injury Case?
Personal injury cases can often require a great deal of legal knowledge. The process of obtaining damages for an injury is often complex and may take some time. You will probably want to hire a lawyer if you need help with a personal injury case. Your attorney can represent you in court, and can help ensure that your legal rights are being protected.
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Last Modified: 08-05-2015 01:59 PM PDT
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