Have you been injured due to someone else’s fault and want to know what kind of personal injury claim you should file?
The law has different kinds of these claims that vary depending on the circumstances. The reality is, that understanding them all can be a bit overwhelming.
In this article, California personal injury attorneys will cover some of the common types of personal injury cases in an attempt to clear up the confusion about it.
What is a personal injury?
Personal injuries are a broad category of civil cases where a person or entity is held responsible for causing harm to another person. Personal injury cases can arise from an accident, such as a car accident or slip-and-fall incident, or from negligence on the part of someone who provides goods or services.
In the United States, many states have passed “tort” laws that allow victims of personal injuries to seek compensation for their losses. The amount that can be recovered is determined by state law and varies widely from state to state. Some states have very strict caps on pain and suffering awards, while others have no caps at all.
Personal injury cases can be divided into two general categories: intentional torts and unintentional torts.
Intentional torts are often considered more serious than unintentional torts because they involve an intentional act against another person which includes:
- Battery – Battery is the physical harm caused by touching someone without their consent.
- Assault – Assault is an attempt to cause physical harm to another person.
- False imprisonment – false imprisonment is holding someone against their will.
- Trespass- occurs when someone enters your property without permission or authority.
Unintentional torts include negligence, negligence per se (also known as strict liability), and negligent infliction of emotional distress (NIED). Negligence occurs when someone fails to exercise reasonable care in keeping with industry standards or customs in performing an activity that could result in injury to others
Personal injury lawsuits are generally filed by individuals who have been injured due to another party’s negligence. For example, if you were injured in an auto accident caused by another driver’s reckless actions, you might choose to file a personal injury lawsuit against the other driver in order to recover compensation for your medical expenses and other damages.
Types of personal injury cases
There are many different types of personal injury cases. In fact, California personal injury attorneys have seen that it can be difficult to know what type of case you have. The first step in determining the type of your case is understanding the different types of personal injury claims and how they can affect your case.
Here are some common types:
There are several different types of car accidents that can occur. Some examples include rear-end collisions, head-on collisions, and sideswipes. These accidents can all be caused by a variety of factors including poor visibility, road conditions, or driver error. In some cases, multiple people may be responsible for causing an accident and thus share liability for the damages caused by it. This means that each person involved in the accident could potentially be held responsible for paying damages to those injured by it.
Slip and Fall Accidents
If you slip on a wet floor at work or at home and break your leg, you may be entitled to financial compensation for your losses. A slip & fall lawyer can help you determine whether this type of accident is covered under your homeowner’s insurance policy or if it falls under workers’ compensation laws in California. Your attorney may also be able to help you obtain reimbursement from the property owner or business owner who was responsible for maintaining safe conditions on their premises so that others would not be injured while visiting their establishment.
Medical Malpractice Claims
Medical malpractice is when a doctor or other health care professional does something negligent that causes harm to his or her patient. Medical malpractice can occur during surgery or when administering prescription drugs, among other things. The main difference between medical malpractice and other types of personal injury cases is that the complaint must be filed within a certain time period after the incident occurred. This time period varies by state, but it is usually between one and three years after the incident occurred.
Dog Bites and Animal Attacks
A dog bite or animal attack can cause serious injuries that require extensive medical treatment and physical therapy. Dog owners are responsible for keeping their pets under control at all times so they do not pose a threat to others who come near them.
In a work injury case, an employee is injured on the job. The employer may be liable for the injuries if it can be proven that he or she was negligent in hiring or supervising employees. Work-related injuries are those that result from an accident or injury suffered in the course of employment. These include everything from getting hurt on the job to being harassed or sexually assaulted by a coworker or employer.
In a work injury case, there are several different ways that an employee can be injured. For example, if your employer has failed to provide you with a safe workplace where you are not exposed to dangerous conditions or equipment that could cause you harm, they might be liable for any injuries that happen while you are working. If your employer has provided you with faulty equipment or tools that could cause harm if used incorrectly, they may also be liable for any injuries caused by those tools or equipment.
The biggest point we would like to make here is that you should never assume that your injury case is going to be a simple one. There are many different types of injury cases, dealt with by different laws at varying stages and processes. It’s always worth making sure you understand your injury, the law applicable to it, and the options available to you. By being aware of these factors, you’ll be better equipped to deal with your personal injury case from the outset and know exactly how far you can take it.
“Story From Brett Sachs”
Brett Sachs, partner & principal attorney at MVP Accident Attorneys, graduated from Michigan State University College of Law with Cum Laude Honors and worked for an insurance defense firm before starting his practice. Brett has evaluated thousands of personal injury cases and has helped his clients receive the justice they deserve.