The U.S. Centers for Disease Control and Prevention estimates that nearly 100 million Americans seek emergency care each year for unintentional injuries. Many of these injuries are caused by the negligence of others. Due to the fragility and complexity of the human body there are many types of personal injuries damages.
What is a personal injury case?
Personal injury cases are when someone is injured by the misconduct of another. This misconduct can be described as negligence in most cases. It is also known as “carelessness” or “negligence”. In some other situations, recklessness could lead to a claim. Intoxicated driving, for instance, is a severe form of negligence. Intentional misconduct is the third type of mentality associated with personal injuries. This is exemplified by “road rage” incidents.
A personal injury case may only be worth a few hundred dollars. Some of the most expensive personal injury cases can reach into the millions and involve thousands or hundreds of victims. However, most personal injury claims fall somewhere in between these extremes.
These are the 7 most common types of personal injury claims
Personal injury claims can be classified into one of the seven broad categories described below. This is not a complete list of personal injuries types. These are not complete.
Motor vehicle accidents
Personal injury cases involving motor vehicle accidents are the most common. These types of personal injuries cases could be further subdivided into the following:
- Auto accidents. Car accidents are probably the most common type of personal injury claim.
- Motorcycle accidents . Motorcycle crashes often cause catastrophic injuries.
- Trucking accidents. While truck accidents can often cause catastrophic injuries, most commercial truckers have good insurance.
- Pedestrian accidents. Urban areas are the most common location for pedestrian accidents. Common are wrongful death claims.
- Uber/Lyft accident. Rideshare accident are increasing in frequency. Typically, Lyft and Uber drivers on duty are well-insured.
Medical Malpractice
Medical malpractice is when a healthcare provider (typically a doctor) injures a patient by providing substandard medical care. Examples include:
- Surgical error
- Misdiagnosis;
- Failure to diagnose a dangerous condition;
- Improper prescription;
- There are many other errors that could be made.
A medical expert witness is often required to support a claim for medical malpractice. These cases are also scientifically complex.
Product Liability
Personal injury lawsuits involving product liability are some of the most unusual types. Product liability claims are made when someone is injured by a dangerous product. The product’s purchaser is not the only one that can be considered the injured party.
The product must be shown to have one of these three types of defect:
- A design defect;
- A manufacturing defect;
- Inadequacy of warnings about dangers of product
A claim against a manufacturer of a product can be won without the manufacturer being at fault. Although you can sue the manufacturer and other distributors, you must prove fault.
Wrongful Death
If the victim is killed as a result of an injury, any type of personal injury case can be made a wrongful-death claim. The Indiana wrongful death laws can be quite complex. In short, the victim’s probate estate, along with certain family members, can file a wrongful-death lawsuit and get damages.
There are different types of damages depending on whether the victim is a child or an adult. The court will reimburse an estate if it paid funeral or burial expenses.
Workplace Accidents
Workers’ compensation covers most workplace injuries. A workers’ compensation claim doesn’t require you to prove your employer is at fault. You cannot get non-economic damages like pain and suffering. You can sue for non-economic damages in certain cases of workplace injuries if you are not covered by workers’ compensation.
Premises Liability/Slip & Fall
A public establishment or private residence owner must ensure their premises are safe for visitors, legal personnel (e.g. mail carriers), and certain types of trespassers. Businesses are the most common victims of premises liability. Personal injury claims arising from a slip-and-fall accident are the most common type premises liability claim.
Premises owners or operators must notify of any danger they are aware of, or could have detected through reasonable inspection.
Animal Attacks and Bites
Dog bites are the most common type of personal injury case involving animal attacks and bites. Indiana has a “one bite rule”, which allows the dog owner to avoid liability if their animal does not show aggressive tendencies. The dog owner is responsible for any injuries sustained after that.
One exception to the “one-bite rule” is that a victim, who was performing a legal obligation at the time (e.g., a mail carrier), can win a case even though the dog has never displayed aggressive tendencies.
Other animals
To keep a wild animal such as a Fox as a pet, you need to apply for a permit. You could be held responsible if you keep one without a permit, injuring someone. This is Indiana’s negligence per se principle.
There are other types of personal injury cases
It is almost impossible to count the number of personal injury claims that could be made. Some examples include:
- Burn injuries;
- Head injuries
- Spinal cord injuries
- Civil battery
- Whiplash;
- Food poisoning;
- Dram shop cases are where a bar or nightclub is held liable for serving intoxicated customers who cause injury later.
- Aviation accidents;
- Boating accidents
- Cases involving child injury
- Mass torts such as asbestos exposure.
Personal injury cases can result in damages such as medical expenses, lost earnings and out-of-pocket costs, pain and suffering and mental anguish. These damages can be either tangible or intangible, as shown above. Under certain circumstances, punitive damages can be added to personal injury types of damages.
Conclusion
If your personal injury is not listed above, don’t be discouraged. Don’t worry if your personal injury is not covered by these categories.
We won’t charge you a penny unless you win your case. We offer these benefits as experienced Northwest personal injury attorneys:
- Our trial record is a success, which makes opposing parties more likely to settle than to face our courtroom.
- Our attorneys combine 80 years of experience.
- We have won thousands.
- Our lawyers have a lot of experience with complex cases and have beaten some of the best law firms in the country.
- Our attorneys have been practicing law in Indiana for their entire careers and are familiar with most of the players in Orange County, New York.
Call Benjamin Greenwald Law firm. We provide services to clients in Orange County New York, and the surrounding areas.
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