Personal Injury

When a personal injury claim is related to injuries from a car accident, it’s important to determine the cause and fault of the accident. Human errors are the most common cause of crashes and accidents. Often, the other driver caused the accident due to distracted driving, speeding, driving under the influence, or aggressive driving.

Additionally, there may be other causes of an accident, such as weather conditions, potholes in the road, vehicle failures, passenger distractions, pedestrians, and more. All of these potential causes need to be considered in order to determine who is at fault for the accident.

In a personal injury case, not only do causation and fault need to be determined, but it is also important to establish the extent of injuries sustained from the accident. The most common injuries include:

• Whiplash
• Traumatic Brain Injury
• Concussion
• Bone Fractures
• Soft Tissue Injuries
• Back Injury
• Neck Injury
• Nerve Damage
• Paralysis
• Internal Injuries
• Strains and Sprains
• Death

Not only is it possible to receive compensation for related medical costs for car accident injuries, but the extent of the injuries might also merit additional compensation for pain and suffering.

The term “slip and fall” refers to personal injury cases when an individual is injured due to tripping or slipping on someone else’s property. These claims fall into the category of “premises liability,” which means the property owner may be held legally responsible since the accident happened on property owned or maintained by that person.

Many dangerous conditions can contribute to the risk of a slip and fall, including:

• Changes in Flooring
• Damaged Carpeting
• Narrow Stairs
• Poor Lighting
• Tripping Hazards on the Floor
• Wet Floor
• Cracked Sidewalks
• Icy Sidewalks
• Potholes in the Ground

If these conditions cause a person to slip or fall and result in injury, the injured person might be able to seek compensation. Many of these issues could have been prevented, which is why the property owner might be held liable. Proving liability depends on whether the owner was careless in property management or failed to implement reasonable steps to prevent the condition that caused the fall.

Medical errors are the third leading cause of death in the United States, accounting for more than 250,000 deaths each year. When an act/omission by a healthcare professional injures the patient, it might be grounds for a medical malpractice case. Medical malpractice can also occur if the physician’s treatment deviates from the typical norms of practice for the patient’s diagnosis. This type of professional negligence is governed by tort law to protect the patients.

Negligence in medical malpractice cases occurs when medical providers fail to meet their professional obligations. The results might be a lack of sufficient treatment for the patient, injury to the patient, or even accidental death in some cases. The most common types of medical malpractice cases include:

• Misdiagnosis
• Delayed Diagnosis
• Prescription Drug Errors
• Anesthesia Errors
• Birth Injuries
• Failure to Treat
• Failure to Prevent Infections
• Surgical Errors

If you are harmed by a medical provider, then you have a legal right to pursue compensation through a medical malpractice personal injury claim.

When an unforeseen condition or event causes an employee to be injured, it might be grounds to pursue a claim for personal injury. Workplace accidents can happen in the normal course of business, potentially causing physical and/or mental harm, including disease, injury, and even death. Depending on the circumstances, employers can be found liable for negligence, especially when the injury-causing conditions could have been prevented.

Examples of workplace accidents include slips and falls, poisoning, repetitive motion injuries, transportation accidents, or attacks from other humans or animals. Common causes of workplace injuries include lifting, fatigue, dehydration, hazardous materials, workplace violence, poor lighting, stress, trips and falls, and more.

Workers’ Compensation is a form of business insurance that offers medical care and/or cash benefits for employees who are injured on the job. Filing a Workers’ Compensation claim is how the employee can seek compensation for their injuries.

Sometimes, third-party liability is determined in workplace accidents, which might mean that another party can be named in the lawsuit. This refers to injury caused due to another person’s reckless or negligent actions or omissions.
Filing a third-party claim is only possible if someone other than the employer or a coworker caused the injury. Examples of third parties might include on-site contractors or subcontractors, other companies, or product manufacturers.

The highest priority is to seek medical attention for your injuries. Depending on the type of injury and how severe your injury is, you should go to the emergency room or call 911. Mild injuries can often be treated in an urgent care center or by scheduling an emergency appointment with your primary care doctor. Immediate treatment is important to address the injury and minimize the risk of complications.

Full documentation is essential so you can provide the negligence or the cause of your personal injury. Not only should the doctor have thorough documentation about the extent of the injury, but you also need evidence about what happened and work and any factors that contributed to the injury.

Every workplace accident should be reported as soon as possible. Most employers have specific processes for reporting injuries, such as paperwork that needs to be filled out through the Human Resources department. Proper reporting increases the likelihood that you will be able to receive compensation for your injuries.

As you are reporting the accident and putting together your claim, gathering as much information as possible can be helpful. For example, photos and videos of the scene can show the cause of the injury. Witnesses can provide statements and be interviewed to collect more information about the events.

Compensatory damages are designed to help a victim return to a financial place they would have been in if the injury had never occurred.

As part of the personal injury claim, the goal is to determine a dollar amount for the person’s injuries. There are several types of potential economic damages in personal injury cases.

1. Medical Expenses: Compensation for medical care necessary for the injuries, including doctor’s appointments, treatments, medications, hospital bills, physical therapy, and more.
2. Lost Wages: If the victim was unable to work as a result of the injuries, then lost wages might be available to cover the amount of money they would have earned had they been working during this recovery time.
3. Property Damage: Any assets or property damaged in the accident should be assessed. Property value is determined at fair market rates when the injury happened. The property might include damage to the person’s car, house, or anything else of value

It can be harder to determine the value of non-monetary losses, so these non-economic damages can have significant variations between victims. An experienced personal injury attorney will have more success in achieving higher non-economic payouts compared to another legal professional with minimal experience in this category of law. Non-economic damages in personal injury cases might include:

1. Pain and Suffering: Damages for the physical pain experienced by the victim.
2. Emotional Distress: Debilitating injuries can cause fear, frustration, and an impact on the overall quality of life.

Punitive Damages (if applicable)

The purpose of punitive damages is not to provide compensation for the victim but instead to punish the party at fault. Ultimately, the goal of punitive damages is to deter others from making the same mistakes. Punitive damages only apply when the defendant’s conduct is especially outrageous or egregious. Punitive damages are not always awarded in every personal injury case. Excessive punitive damage awards are avoided by limiting punitive damages to less than 10x the amount paid in compensatory damages.

Look at the attorney’s history and track record. Have they been successful with other past cases that are similar to your injury? A high win rate increases the likelihood of success because the attorney knows the optimal strategy to achieve the compensation you deserve.

Ask for information about previous clients, including testimonials. You can also gather information about client satisfaction by looking online for reviews about the attorney and/or the law firm.

There is a lot that goes into building and representing a personal injury case, so you need to be sure that your attorney is accessible and proactive about communication.