December 30, 2021
Personal Injury Lawyer
Personal injury law governs when an injured person may receive compensation for harm caused by another’s wrongful acts, whether intentional or negligent. As explained by our friends at Eglet Adams, there are several common types of injuries that give rise to personal injury claims.
Car Accident Cases
Car accidents are the most common type of personal injury case in the United States. Car accidents usually occur because a driver is acting negligently, by not following traffic laws or not driving carefully. A driver or pedestrian who is injured by another driver’s carelessness can sue the driver in a personal injury lawsuit. A plaintiff in a personal injury case stemming from a car accident will have to prove the traditional elements of negligence: duty, breach, causation, and damages.
Slip and Fall Cases
Property owners have a legal duty to ensure that their property is reasonably safe so that entrants to the property are not injured. A plaintiff who is injured on another’s property and wishes to sue in a personal injury action will have to prove that the property owner should have recognized and removed or repaired the dangerous condition that caused their injury. Alternatively, the plaintiff can show that the property owner actually created the dangerous condition that caused their injury (for example, by leaving a hazardous obstacle on a walking path) and that it was reasonably foreseeable that someone would trip and fall because of the dangerous condition. Other examples of dangerous conditions that can lead to slip and fall cases are potholes, uneven walking surfaces, and objects protruding from walking surfaces.
Dog Bite Cases
Dog owners will usually be responsible for bites or other bodily injuries that their dogs cause to others. Depending on the state, the owner might be held strictly liable for injuries caused by their dog even when their dog has not bitten or shown any propensity to bite a person before. Other states have “one bite” rules, under which owners are only liable if they have a reason to know that their dog is aggressive or has a propensity to bite others.
Defective Product Cases
Products must be safe for their intended use, and when a consumer is injured by a defective product, they may be able to bring a personal injury lawsuit against the manufacturer of the product. Strict liability typically applies to product liability cases, but a plaintiff may also bring a case under a negligence theory. A product can be defective in its manufacturing, design, or marketing. A plaintiff in a defective product case will have to prove that the defect caused their injury. Additionally, a plaintiff cannot prevail in a defective product case if they were injured while misusing the product.
Intentional Tort Cases
Intentional tort cases are unique from other personal injury cases because they are not premised on another person’s negligence, but rather their intentional harming of another. Common examples of intentional tort cases are assault, battery, and trespass. A victim of an intentional tort can file a civil personal injury lawsuit against the perpetrator to compensate them for their injuries, in addition to the criminal charges that the perpetrator will likely face.
Having a personal injury lawyer through the process can prove to be beneficial for the outcome of the case.