Personal injury law allows an injured person to file a lawsuit in court to legally recover for all losses they suffered due to an accident or incident. This provision permits the injured person to receive financial compensation for their losses in a bid to ‘make whole’ the individual after suffering harm or loss due to the negligent or intentional actions of another. This article will discuss some common types of personal injury cases.
Several situations can be remedied by way of a personal injury claim. However, it is essential to note that one’s suffering an injury does not automatically lead to legal liability. For example, some of the most common forms of personal injury cases include the following:
- Car accidents – Most personal injury cases in the United States are from car accident claims. In most cases, when a car accident occurs it is because one of the drivers failed to follow the road rules or was not driving as carefully as they ought to have been. As a result, a careless or negligent driver can be held responsible for injuries from the car accident.
- Medical malpractice – these are legal actions that arise when a health care professional (doctor, nurse, specialist, etc.) provides a treatment below the medical standard of care. The patient suffers injuries as a result. Medical malpractice cases are one of the most complicated forms of personal injury and thus require plaintiffs to enlist an experienced, professional personal injury attorney in Bakersfield CA. Medical malpractice attorneys can determine if you have a valid medical malpractice case or if your injury is simply a bad outcome, but still within the standard of care. All medical procedures are not successful.
- Slip and fall cases – slip and fall claims make up some of the most common claims in personal injury cases. These claims arise when an individual is injured as a result of a property owner’s negligence. Property owners have the legal duty to ensure their premises are reasonably safe and hazard-free. Depending on the situation and state, the property owner has specific legal responsibilities to fulfill. Not all injuries that happen on the property lead to legal liability. An injured person must prove that the owner was negligent.
- Wrongful death cases – wrongful death claims arise when a person dies due to someone else’s legal fault. Wrongful death claims include all fatal accidents, for example, vehicle accidents, medical malpractice, products liability, etc. The claim is brought on behalf of the surviving spouse, children or dependents of the deceased. Wrongful death claims are based on the theory of negligence, where a person failed to act reasonably under the circumstances or acted intentionally.
- Construction accident cases – These are claims that involve injuries sustained on a commercial property during construction due to the negligence of the property owner or third parties. There are usually a number of subcontractors at a construction site, and any on of them can be sued for negligence if it causes a worker to become injured. Keep in mind if your own employer is negligent, you can usually not sue them because of the worker’s compensation laws.
As noted previously, personal injury law is a provision to ‘make one whole’ [Make One Whole | Wex | US Law | LII / Legal Information Institute (cornell.edu)], i.e., the individual who was a victim of negligent acts by means of financial compensation. For legal advice and representation, contact a law firm of renowned professionals specializing in personal injury matters.