Common Types of Personal Injury Cases
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What Are Some Common Types of Personal Injury Cases?
Personal injury cases involve injuries caused by someone’s negligence or misconduct. Common personal injury claims include:
- Car accidents (including accidents involving pedestrians),
- Motorcycle accidents,
- Medical and professional malpractice,
- Premises liability (such as slip and fall claims),
- Product liability (claims involving defective or dangerous products),
- Wrongful death claims, and
- Intentional torts (such as assault and battery and wrongful imprisonment).
Most personal injury claims are based on state law.
Since state personal injuries laws vary dramatically, make sure you understand your state’s legal standards and procedural rules. You should pay particularly close attention to the statute of limitations that applies in your claim. If you file your personal injury lawsuit after the statute of limitations expires, your claim will be dismissed.
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How Are Personal Injury Cases Remedied?
Personal injury compensation is based on the severity of your injuries. You may be eligible for both economic and non-economic damages. Economic damages are meant to reimburse your financial losses, including:
- Medical bills (including bills for hospitalizations, medication, physical and occupational therapy);
- Lost wages;
- Attendant care (payments for help you need around the house while recovering); and
- Medical devices and home modifications (such as crutches, ramps, and wheelchair lifts).
It is important to keep detailed records of your monetary losses after a personal injury. Keep copies of your medical bills, receipts, and other information that documentation.
Non-economic damages compensate you for your pain and suffering, loss of enjoyment, and loss of consortium. In many states, there are caps on non-economic damages. If you need help calculating your non-economic damages (or understanding your state’s damage caps), contact a personal injury lawyer.
In rare cases, you may also be entitled to punitive damages. Punitive damages punish a defendant for intentional misconduct or gross negligence. Most states also cap punitive damages in personal injury claims.
What Are Some Defenses in Personal Injury Cases?
If you are the defendant in a personal injury claim, you may have a series of defenses. Common personal injury defenses include:
- Contributory negligence or comparative negligence: used when the plaintiff’s negligence caused or contributed to his or her injuries.
- Factual defenses: in order to win a personal injury case, the plaintiff must prove every legal element of his or her case. For example, your could defend yourself by proving that your conduct was not the proximate cause of the plaintiff’s injuries.
- Procedural defenses: if the plaintiff does not follow the correct filing and claim procedures, his or her claim may be dismissed. For example, you could use the statute of limitations expires as a procedural defense.
However, your defenses will vary, depending on the circumstances of your case. An experienced defense lawyer can help you understand the defenses available to you.
Do I Need a Lawyer for Help With a Personal Injury Case?
If you were injured in an accident, consider hiring a personal injury lawyer. Most personal injury cases involve a detailed legal, medical, and factual analysis. A lawyer can help you file a claim, develop your evidence, and maximize the value of your claim. And, a defense attorney can help you protect yourself from liability if you are sued.
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Last Modified: 07-21-2017 02:48 PM PDT
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