For a case to be classified as a personal injury, the injury in question needs to have been caused either intentionally or due to negligence. There are a number of situations that can lead to personal injury claims with everything from dog bites to slip and fall accidents included. In this article, we’ll take a look at the most common personal injury cases to give you just a few examples.
Car Accidents
Car accident cases account for the highest number of personal injury claims in the United States. Most car accidents are caused by drivers driving recklessly or while under the influence. However, some are caused by congestion and even the most careful driver would find it hard to avoid them. Careless drivers are usually held responsible in personal injury cases and are forced to pay compensation to the victim. This isn’t always the case in “no-fault” states, though, so it’s worth speaking to a legal advisor such as Horst Shewmaker if you’re unsure.
Medical Malpractice
When a healthcare professional provides a treatment that falls below the expected standard of care, this is classified as medical malpractice. In order to file a claim for this, negligence needs to be proven and this can be quite difficult for some, especially as receiving bad treatment doesn’t necessarily mean that malpractice has occurred. Some of the most common medical malpractice cases center around injuries sustained through pregnancy and birth, while others are related to misdiagnosis and negligent advice.
Slip and Fall Accidents
Slip and fall accidents can happen anywhere, from parking lots to retail outlets, to private homes. The people – or companies – that own these properties have a legal obligation to ensure they are safe and free of hazards so that the people visiting them do not receive an injury. Not all slip and fall accidents will lead to a successful personal injury claim. Again, negligence does need to be proven and laws do vary from state to state. Claimants in slip and fall accident cases may also need to prove that they didn’t cause the accident themselves – a legal concept known as “comparative fault”.
Dog Bites
In most US states, dog owners are responsible for any bites or injuries their dog causes. This means that if a dog owner fails to exert adequate control over their dog, they could be deemed financially responsible should their dog bite and injure someone to the point they require medical treatment. Most states hold the owner liable even if the dog has previously not shown aggression. Others will only hold the owner responsible if there has been a history of bites. Either way, if you or a loved one has received a dog bite injury, you’ll want to seek medical treatment and speak to a personal injury lawyer to determine whether you have a claim.
As you can see, a number of different accidents can lead to personal injury claims. It is always worth seeking professional advice to determine whether you have a case or not.
