Personal injury is a legal term that is defined as harm or distress experienced by an individual as the result of another that has caused physical, emotional, or psychological damage. These types of injuries can be devastating and damages can be life-long and cause financial stress as well.
There are many types of personal injuries that can result in one seeking a lawsuit to receive compensation from the responsible party. Below are 4 types of personal injury that a lawyer can assist with.
1. Vehicle accidents
A motor vehicle accident is probably the most common type of personal injury and it also extends to include accidents between a vehicle and a pedestrian. Whether you are the plaintiff and seeking damages or the defendant attempting to absolve yourself of wrong-doing, a personal injury lawyer can assist with your case by protecting your rights, determining your degree of liability and, if needed, negotiating a settlement that satisfies everyone involved.
Personal injury lawyers are also helpful because they tend to have access to investigators that can help prove your case based on the evidence available. They are also experienced and skilled in advocating on your behalf when dealing with insurance companies that may try to remove themselves of any obligations to you.
2. Negligence
Another common type of personal injury is negligence, also known as public liability. This is defined as any incident where the injury takes place in a public area and involves an element of carelessness or breach of obligation. Examples of potential negligence cases are someone who slips and falls in public and sustains an injury, someone getting hurt due to insufficient security, or property owners who fail to complete repairs and someone is injured.
There are certain elements of a personal injury lawsuit that need to be proven. A duty of care needs to be established that demonstrates the defendant was required to take actions to prevent injury and they were not taken. If this is established, the plaintiff then needs to prove that the defendant’s actions directly caused the injury. A personal injury lawyer is experienced with these procedures and can assist you in meeting these requirements.
3. Medical malpractice
This type of lawsuit is pursued when a health professional causes injuries by providing a sub-standard degree of medical care. Medical malpractice lawsuits are considered very difficult to prove because it is necessary for the plaintiff to prove that their injuries were the direct result of the doctor’s actions and not an underlying medical condition. These lawsuits also involve the testimony of other professionals that are able to comment on the defendant’s level of care.
This can entail excessive costs if a plaintiff is required to pay for the professional’s time on the witness stand. A personal injury lawyer is experienced in determining the level of care and can usually uncover any wrong-doing by the defendant during the trial. The lawyer’s firm can usually assist with expert witness costs, carrying the fees until a settlement or judgement is reached.
4. Product liability
It is always assumed that the products we purchase and use regularly are safe, but sometimes products have been defective and caused injury and death. Examples of product liability lawsuits are someone eating a contaminated food, a person sustaining injuries due to sub-standard medications, or someone using a physical product that causes injury.
A personal injury lawyer can complete an adequate assessment of the product and if it is deemed defective can connect it with your injury. The lawyer can also link with experts who are experienced with the product in question and can testify on your behalf.
