The Top 5 Qualifications of a Personal Injury Lawsuit

Did you know that over one million personal injury lawsuits are filed in the United States every year? People get injured all the time, but when it comes to something serious at the fault of another person, they may need the help of a  personal injury firm. The injured person has the right to sue the at-fault party to recover damages incurred as a result of the injury. A variety of situations can result in a personal injury claim. Here are some of the top common incidents that typically qualify for a personal injury suit.

1. Vehicle Accidents
Accidents involving cars, trucks and motorcycles are the number one type of personal injury case in the United States today. Over 2.3 million people were injured in vehicle accidents in the past year alone. All types of accidents can result in severe injuries, however accidents involving large trucks and motorcycles tend to have more severe injuries per accident due to the type of vehicle involved. Large trucks cause severe injuries for the drivers and passengers of smaller vehicles, while motorcyclists are at a higher risk because a motorcycle does not offer the same protection that a car provides. Some of the common causes of vehicle accidents include:

  • Distracted drivers (texting, talking on the phone, eating)
  • Excessive speed
  • Driver fatigue
  • Driving under the influence of alcohol or drugs
  • Poor road conditions
  • Reckless driving

No matter the reason, if someone is injured at the fault of another driver, they likely qualify for a personal injury claim.

2. Medical Malpractice
Medical malpractice is another common type of personal injury claim, although it can be the most difficult to prove. Medical malpractice occurs when a healthcare provider fails to provide patient care that meets or exceeds an acceptable standard of care, and the patient is injured as a result. The standard of care is measured or defined by the care that a reasonable professional of similar experience would use in a similar situation. It is important to note that a bad result does not always equate to medical malpractice. Occasionally, there will be negative results in the medical field because doctors do not possess the ability to heal every patient. However, if you can prove that the medical provider was negligent in his or her care of the patient, you may be able to recover compensation for your injuries.

3. Slip and Fall Cases
Slip and fall cases are another common type of personal injury claim. Slips and falls can happen anywhere, from personal residences and retails stores to parking lots and playgrounds. Property owners have a legal obligation to provide a safe environment for visitors and customers who use their property. When property owners are negligent in their duty to provide premises that are reasonably safe and free from hazards, those who are injured have the legal right to claim damages for injuries incurred while on the property. Premises liability is a complex area of the law that often involves multiple defendants and causes of action. Having an experienced personal injury firm can help increase your chances of recovering compensation.

4. Boating Accidents
Boating accidents cause serious and fatal injuries ranging from broken bones to paralysis and death. Boating accidents are not confined to accidents that occur on or around boats. Accidents involving other types of watercraft, such as jet skis, are also included in this type of personal injury claim. It can also involve accidents that happen on larger ships. The laws may be different depending on the watercraft and the location of the accident; therefore, the personal injury attorney who is experienced in filing and trying accidents that happen on the water is your best chance of receiving the compensation you deserve for your injuries.

5. Wrongful Death
Wrongful death is a type of personal injury claim that arises out of other personal injury claims. Wrongful death claims may arise out of car accidents, slips and falls, medical malpractice, boating accidents and motorcycle accidents. A wrongful death claim can come from any type of personal injury claim; however, the damages in a wrongful death claim are different from those in a typical personal injury claim. In some cases, the victim’s family may be entitled to specific types of damages while the victim’s probate estate may be entitled to other types of damages. In order to ensure that the family receives all of the damages that they are entitled to receive from the negligent party, they should consult with a wrongful death attorney as soon as possible following the accident.

How to Recover Damages in a Personal Injury Claim
Recovering the damages in a personal injury case will depend on the severity of the injury and the circumstances of the accident. Common types of damages that are awarded in personal injury cases include:

  • Medical expenses
  • Funeral expenses
  • Lost wages
  • Pain and suffering
  • Punitive damages

If you believe you have been the victim of a personal injury, contact the team at Personal Injury Firm as soon as possible. Many cases can take months or years to be resolved, so be sure to act right away. If you have any questions, please contact us anytime.