Over 39 million people report a personal injury each year.
A personal injury case is typically a civil lawsuit a plaintiff files against a defendant.
Seeking compensation for victims’ losses through the recovery of damages is the primary objective of a personal injury claim. Common types of damages include general and special damages.
Medical Malpractice
When a medical professional fails to deliver their duty of care to a patient, and the victim suffers damages, malpractice claims are warranted. These can include claims for misdiagnosis, surgical errors, prescription medication mistakes, lab test errors, pharmacy mistakes, birth injuries, and more.
Doctors and nurses are often lauded for their work, but that trust can quickly turn to horror when a physician commits malpractice. The good news is that the victim of such negligence may be entitled to monetary compensation for their losses.
Malpractice cases are complex and require the expert testimony of a qualified attorney. In addition to proving that the physician breached their duty, the victim must prove a direct link between the breach and the injury, known as causation.
Premises Liability
Property owners must uphold a duty of care to visitors in many states. This duty extends to invitees, such as customers in a store or apartment tenants and trespassers, who may not be protected from certain dangerous conditions.
Victims of an accident that occurred on someone else’s property can file a personal injury claim for compensation. They must demonstrate that the property owner violated this duty of care, which calls for keeping the property safe. Causation is another critical factor in a successful personal injury claim, and victims must demonstrate that the breach directly led to their injuries.
While falls and slips are common premises liability claims, any danger on another person’s property may be included. This includes unrestrained animals, like dogs, that bite people. Consult with an experienced lawyer to get more info on filing a claim.
Auto Accidents
Particularly in high-speed collisions, car accidents can be highly traumatic and result in significant injuries. Car accident victims frequently have high medical expenses and lost wages from missing work.
A person may file a personal injury lawsuit against an individual driver or company under a theory of negligence or vicarious liability. In some cases, victims may be able to pursue punitive damages for extreme recklessness.
Most car accident claims involve general and special compensatory damages. Special damages are meant to make up for losses or expenses that can be measured. In contrast, general damages reimburse accident victims for intangible harms, such as pain and suffering. These include medical bills, lost wages, damage to a victim’s vehicle, or other personal possessions.
Product Liability
A product liability claim is a cause of action that holds manufacturers accountable when their products harm consumers. These claims can involve issues with a product’s design, manufacturing, or warnings and instructions.
In these situations, victims must demonstrate that a product’s flaws caused their harm. They must also show that they suffered compensatory damages. Compensatory damages aim to put injured parties back into the position they were in before the wrongful act.
Like all tort law, product liability is determined primarily by state law. Many states have adopted the Uniform Commercial Code (UCC) for consumer goods matters. This means that claims may be subject to contractual defenses such as disclaimers, warranties, and breach of contract. However, most states also have statutes that provide additional rights and protections for injured consumers.
Wrongful Death
Losing a loved one is tragic, but when it’s because of the actions (or inaction) of another person or entity, certain family members can bring wrongful death lawsuits to obtain compensation. A significant distinction exists between personal injury claims and wrongful death cases: the victim is no longer living to pursue a claim on their behalf.
A wrongful death action can be based on any negligence that results in the death of another person. This includes car accidents, workplace injuries, medical malpractice, and defective products.
Conclusion
Wrongful death damages include general compensatory and special damages that apply in these cases. This includes the monetary damages you’d see in a personal injury case, like lost wages and medical bills, but also things that are harder to quantify, like loss of companionship.
