Common Examples of Personal Injury Cases
Posted August 8th, 2021 by Anthony Carbone.
Categories: Personal Injury.
The law allows accident victims to seek economic and non-economic damages if they were not responsible for their injuries. It is known as tort law or personal injury law. The plaintiff must prove that the defendant was negligent and that their actions had a relationship with the injuries.
An experienced lawyer will work with you to protect your rights. Call a Jersey City Personal Injury Attorney to discuss your options. Below are the most common personal injury cases:
Car accident cases
Car accident injuries can be devastating because of the impact involved. They are also the most personal injury cases in the U.S and other major countries. Car accidents occur because one driver was not following the recommended road rules or careless, ignoring their duty of care to other road users. The law requires victims of car accidents to collect settlements from the defendant’s insurance company. However, no-fault states allow victims to claim compensation from their insurance companies.
Slip-and-fall accidents
Visitors and invitees are protected by a premises liability cover that allows them to seek compensation if they slip and fall or suffer any other injuries on the premises. Even though owners have a legal duty to keep their premises safe for visitors, specific details matter to determine whether it occurred due to their negligence. In other words, the plaintiff must prove that the potential danger was there long enough for the owner to take action and that any reasonable person could have identified the hazard.
Medical malpractice
Doctors and other medical practitioners must follow a specific standard of care when treating and caring for their patients. If they ignore this standard of care and their actions cause injury to the patient, they are responsible for the injuries, and the victim has the right to file a compensation claim. The doctor or nurse must have broken the rules or misbehaved in the course of their treatment. However, bad treatment results do not fall under medical malpractice.
Wrongful death
If the negligence of another party involves the death of the accident victim, the family is allowed to file a compensation claim. Personal injury accident claims where the victims die automatically change to wrongful death lawsuits.
Product liability
This is one of the few cases where the defendant can be more than one. Product liability cases involved injuries caused by the malfunctioning or defective product either because of a mistake by the manufacturer, wholesaler, retailer, or supplier. The condition is that the victim must have been using the product for the proper purpose.
Using legal representation in personal injury cases
Rarely will you represent yourself in a personal injury case and emerge victoriously. It is because the insurance company uses all strategies to avoid paying the claim. The attorney will:
- Conduct a further investigation to gather evidence
- Draft and reply to the demand letter
- Handle all negotiations with the insurance company.
Call the offices of our Jersey City Personal Injury Attorney at 201-733-2230 for advice and representation.
