6 Most Common Personal Injury Cases
Here are the six most common types of personal injury cases.
It’s important to understand these because, unless you’ve been involved in a case before, you might think it’s just bad luck when something happens. Knowing these cases are common can help you realize that you shouldn’t hesitate to contact an attorney to see if you can recover for your losses.
1. Auto Accidents
Car accidents are the most common type of personal injury case in the United States.
Common Types of Accidents:
Rear-end collisions.
T-bone accidents.
Sideswipe collisions.
Accidents involving trucks.
These incidents often occur because a driver fails to follow traffic laws or take proper precautions. Common causes include:
Distracted driving (e.g., looking at a cell phone).
Not paying attention.
Drunk driving.
2. Medical Malpractice
A medical malpractice claim arises when a doctor or healthcare professional is negligent, causing injury to a patient.
This involves situations where the healthcare provider:
Fails to provide competent, reasonably skilled care.
Violates the accepted standard of medical care for their state.
These cases are highly specific and require thorough investigation to determine if the state’s standard of care was violated.
3. Product Liability
These cases involve holding a manufacturer or seller accountable for injuries caused by a defective product.
Key Points:
Consumer products must meet ordinary safety expectations.
A product with an unexpected defect or danger does not meet these expectations and can lead to injury.
4. Premises Liability
Premises liability cases involve injuries caused by unsafe conditions on someone else’s property.
Common Examples:
A slip and fall on a slippery floor in a grocery store.
A trip and fall on a misaligned sidewalk.
An elevator malfunction leading to injury.
Property owners or occupiers are responsible for maintaining reasonably safe conditions for visitors.
5. Wrongful Death
A wrongful death occurs when someone dies due to the negligent or intentional actions of another party.
This type of lawsuit is typically filed on behalf of surviving family members, such as:
Spouses.
Children.
Other beneficiaries.
6. Workplace Accidents (Including Construction Sites)
The laws surrounding workplace accidents vary by state.
Key Points for New York:
If your employer provides workers’ compensation benefits, you generally cannot sue your employer or coworkers for the same injuries.
However, if a third party (not your employer or coworker) is partially at fault, you can bring a lawsuit against them.
Examples of Third-Party Liability:
A manufacturer of a defective machine that caused your injury.
An outside company that negligently maintained equipment.
Other non-employer, non-coworker parties may also be responsible, and there is no workers’ compensation bar against suing them.
What to Do if These Situations Happen to You
If you or a loved one experiences any of these situations, remember that the law provides a method for recovery.
Contact a trusted lawyer for a FREE consultation to discuss your options.
A good lawyer will guide you accordingly and help you understand your rights.
