What Are Common Causes of Personal Injury Claims?
Here are some scenarios that can lead to a lawsuit
on May 3, 2022
Personal injury law is a thriving industry. So long as people keep suffering injuries, they will need personal injury lawyers to help them seek remedy in a court of law.
This brief article offers a list of common causes that can lead to personal injury lawsuits in court. If any of these causes mirror your own circumstances, you should consider speaking to an experienced personal injury attorney from a trusted law firm. Many attorneys and law firms offer a free consultation. Services like Super Lawyers can help put you in touch with experienced personal injury lawyers right away.
What You Need To Know
- Serious injuries can occur in a variety of dangerous conditions.
- Some common causes of personal injury claims include motor vehicle accidents, slip and fall accidents, dog bites, defective products, properties with dangerous conditions, and workplace accidents.
- These injuries can lead to significant medical expenses, mental anguish, and physical pain and suffering.
- Personal injury lawyers help those that have suffered serious injuries hold the responsible party accountable.
Personal Injury Causes and Claims
It can be challenging to know the line between a normal injury versus an injury for a personal injury lawsuit. You can’t sue your gym just because you pulled your hamstring on their treadmill. But was that treadmill defective? Did a staff member intentionally push you off of it? As always, the circumstances or dangerous conditions that led to your harm will determine whether you have a personal injury case.
Here is a list of events that a personal injury attorney can assist you with:
- Car accidents: Motor vehicle accidents are the most prevalent area of personal injury law. Sadly, these accidents are an all-too-common part of travel. Causes of car accidents include intoxication, fatigue, carelessness, bad weather, impaired roads, and many others. When you’ve suffered injuries, and someone else is at fault, even partly, you might be able to take legal action for the damages you’ve sustained.
- Construction site accidents: Construction sites are dangerous places. Workers deal with all kinds of tools and equipment that can cause injury when one is not careful. These areas are highly regulated, and both workers and managers must take serious precautions for the safety of themselves and others. When measures are skipped or overlooked, workplace accidents occur. Personal injury lawyers help workers who have been injured at their job site recover from their injuries.
- Injury on-premises: Suppose you bought a ticket to see your favorite basketball team. As you’re walking toward your seat, a spotlight falls from the ceiling and hits you in the head, causing a life-altering brain injury. In that instance, the property owners probably should have done a better job fastening that light to the ceiling, and you could have a very strong personal injury lawsuit on your hands.
- Medical mishaps: Like every profession, the healthcare industry has capable practitioners and not-so-capable practitioners. Medical malpractice injuries can occur in a variety of ways. Medical professionals aren’t perfect, and they sometimes can misdiagnose, overprescribe, or underperform and fall short of their Hippocratic oath. When these errors lead to serious injuries, personal injury lawyers can provide reliable legal advice on the next steps.
- Animal bites: Animals can make for lovely companions in our lives, but we must take steps to ensure both their safety as well as the safety of others. When someone suffers a gnarly dog bite because Rover wasn’t wearing a muzzle, Rover’s owner could find themselves being sued in civil court for falling below a reasonable standard of care.
- Defective products: This common cause of injury occurs through the use of a commercial product. Defective products can include anything from a clothespin to a motor vehicle. The issue here is that the defect in the product must have caused the injury for there to be an actionable claim.
- Intentional harm: Personal injury law allows people to sue if they’ve been the victim of intentional harm such as a battery or an assault. Other such “intentional torts” include trespassing the property of another, converting another’s property to your own, and theft. Sometimes, intentional torts are also prosecuted criminally depending on the severity of the act and state statutes.
- Wrongful death: This type of claim is often filed by the deceased’s family members and loved ones against the allegedly responsible party.
Common Types of Damages
When someone suffers a personal injury, that person might file a lawsuit against the responsible party. When a person files a personal injury lawsuit, they are suing for “damages.” Damages are essentially the remedy that the injured party (the plaintiff) seeks from the party alleged to have caused the injury (the defendant).
Here are some of the more common types of personal injury law damages:
- Compensatory: This category refers to damages that can be documented in specific dollar amounts, such as medical bills, tax records, and repair bills. These are readily calculable damages because there is a paper trail and documentation.
- General: This area deals with the non-monetary aspects of the injury. If a defendant is found liable, either a jury or a judge will have to determine how much pain and emotional suffering the plaintiff endured and what the defendant would owe to make the plaintiff whole again.
- Punitive: This is the least common type of damages. Here, the damages are not considered compensatory at all. Instead, punitive damages are meant to serve as a form of punishment to further deter the conduct that caused the injury. Punitive damages are more difficult to prove in court, which is why they tend to be rarer.