What Are The Common Types of Personal Injury Cases?

Maybe you’re thinking about getting into personal injury law and wondering what types of cases you’ll likely be handling. You may also be trying to figure out how to classify your personal injury claim.

Whatever the reason, you’ve probably noticed there’s more than one type of personal injury case. So what are the common personal injury case classifications? There are more than you may think. Here’s a look at the common ones personal injury attorneys often deal with.

Accidents Involving Motor Vehicles

If you believe that motor vehicle accidents are the most common types of personal injury cases, you’re correct! This type of personal injury case can be further divided into subcategories:

• Auto accidents
• Motorcycle accidents
• Pedestrian accidents
• Commercial trucking accidents
• Rideshare accidents

Sometimes motor vehicle accident cases are relatively straightforward but some can be complex. This usually applies when more than one party is negligent or responsible for the accident. An example is if a commercial truck malfunctions resulting in a car accident. The trucking company and maintenance/repair shop may be named as defendants in your personal injury case.

Slip and Fall Accidents

Yes, people slip, trip, and fall every day and sometimes it’s really an accident, meaning no one’s at fault—other times, the slip-and-fall accident is avoidable. This means, someone’s negligence results in the accident. When this applies, it may be a personal injury case.

The defendants in a slip-and-fall accident can be individuals, businesses, or even government entities. Who’s responsible typically depends on where the accident occurred and the cause.

Workplace Accidents

While most businesses are required to carry worker’s compensation, sometimes it’s still necessary to retain legal representation. If you’re not sure what worker’s compensation is or what the insurance covers, think of it as employer-sponsored and funded insurance.

Workers’ compensation covers medical expenses and lost wages if you’re injured on the job. However, this is all the insurance covers. Don’t expect to receive compensation for your non-economic damages.

Even though dealing with workers’ comp should be relatively easy, there’s almost always some red tape. You’re also dealing with an insurance provider and this can make it difficult to receive your full claim amount.

For these reasons alone, sometimes it’s best to consult with a workers’ compensation attorney to help get the claims process moving along. This can also help ensure you receive full compensation for your injuries and other economic damages.

Wrongful Death Cases

Hopefully, you never need a personal injury attorney specializing in wrongful death cases. You probably already have a pretty good idea of why you don’t want to need this type of personal injury case.

Most states have complex wrongful death laws and this can complicate your case. The laws are in place to protect individuals like healthcare workers from lawsuits every time a patient passes away. Sometimes, a fatality isn’t preventable. However, when negligence is a factor you may have grounds for a wrongful death case.

Who can file a wrongful death suit is also limited to only close family members. Think of parents, spouses, adult children, or siblings. Minors can’t file a wrongful death claim, but their legal guardians can submit one.

Since the legalities surrounding wrongful death cases are complicated, it’s a good idea to retain legal counsel before moving forward with a claim.

Also read: The Financial Impact of a Workplace Injury

Medical Malpractice Cases

If your injuries are the result of negligent care by a medical professional, you may have grounds to file a medical malpractice claim. Some common examples of medical malpractice include:

• Misdiagnosis
• Surgical errors
• Prescribing the wrong medication
• Failing to diagnose a potentially life-threatening or altering condition

These are only a few examples of some of the more common types of medical malpractice. Bringing a medical malpractice suit is usually a complicated and time-consuming process. Some states also have caps on compensation amounts, which is something else to consider.

Product Liability Claims

Most manufacturers do everything possible to ensure their products are safe for consumers. However, errors can happen during the manufacturing process. Sometimes, there are flaws in the product design.

Some products even have inherent dangers. If the manufacturer fails to adequately disclose these potential dangers, and you’re injured, you may be able to file a product liability claim. However, you must prove fault or negligence before you can move forward with your case.

The above-mentioned cases are not the only personal injury cases there is. However, these are the most common ones personal injury attorneys see. If you’re injured due to someone’s negligence, you may be able to file a compensation claim.

Before moving forward, try to talk to an experienced personal injury attorney to learn more about your legal rights and determine the best path moving forward.