Generally speaking, one of the leading causes of injuries to individuals is the negligence of another party.
While it might seem more likely that an injury would result from a person’s intentional conduct, such as those acts found in an assault and battery claim, a greater number of personal injury cases are actually due to the negligent or careless actions of other people.
Thus, many personal injury cases involve the plaintiff attempting to prove a legal claim for negligence. In a case for negligence, the plaintiff must be able to show that the defendant owed a duty of care to them, that the defendant breached this duty, and that their breach is what caused the plaintiff’s injuries.
For example, when a surgeon fails to comply with their duty to practice in accordance with the proper medical standards and a patient is injured as a result of their conduct, then the patient may be able to hold the surgeon liable for their injuries and recover damages.
What are Some Specific Causes of an Injury?
There are many different events that can lead to an individual’s injury. As such, personal injury claims cover a wide variety of topics and typically depend on the laws of a state, as well as the facts of an individual case.
The following is a list of some common examples of specific causes that may lead to personal injury claims, such as:
- Slip and Fall: Slip and fall accidents are one of the leading causes of injury cases each year. These incidents usually occur when a person visits a grocery or other retail store that does not properly maintain their premises;
- Car Accidents: Car accidents are another major cause of injuries each year. This includes not only car on car collisions, but also pedestrian and bike accidents;
- Products Liability: Manufacturing defects, design defects, and warning label defects are also a primary source of injury; and
- Failure to Warn: In many instances, the owner of property or a distributor of products has a duty to warn others of related dangers and risks. Failure to provide adequate warnings can result in a lawsuit.
The above list of injury causes exemplifies separate and general categories that can be found under broader negligence laws. For example, car accidents may be the basis of a personal injury claim, whereas an injury resulting from a manufacturing defect would be the foundation of a products liability claim.
Another factor that is shared among the injury causes in the above list is that many of them involve either consumption of mass-produced products, or public places where many people visit.
What are Some of the More Common Legal Remedies Available for Injury Cases?
Before filing a claim for an injury case, a plaintiff should consider seeking professional legal counsel for advice regarding their legal remedies. In general, the legal remedy for most injury cases that are based on a claim for negligence is some form of a monetary damages award.
This type of compensation that a plaintiff can receive is used to help them to recover any losses or costs that were directly connected to the injuries they suffered.
In other cases, a defendant may be required to take the necessary steps to correct the conditions or conduct that caused the victim’s injuries. This may include:
- Changing a product in order to make it safer for consumers;
- Making the floors of an individual store or commercial building (e.g., a shopping mall) less dangerous;
- Revising an employer’s safety policies; and
- Various other kinds of remedies that either the court may order, or the individual’s legal counsel can request to have done.
Although these are rarely awarded, a plaintiff may also ask the court to grant an award for punitive damages. Punitive damage awards are additional monetary damages that are specifically used to punish a defendant. When given, they are typically for a very high amount.
Not all injury cases will permit a plaintiff to recover a punitive damages award. They are normally only found in cases where a defendant’s conduct was particularly offensive or severely damaging.
Do I Need to Hire a Lawyer for Help with an Injury Lawsuit?
Injury lawsuits often involve highly technical legal concepts and require a complex analysis of the facts surrounding each individual case. Thus, if you are involved in a lawsuit based on injury claims, then you should consider getting assistance from a personal injury lawyer located in your area.
A qualified personal injury lawyer will be able to provide further legal advice on your matter, can gather facts and materials to support your case, and can determine your best course of legal action.
Additionally, a lawyer can also either negotiate on your behalf during a settlement arrangement, or alternatively, provide representation in court if it becomes necessary for your case.