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What is personal injury and what are the common types of personal injury cases filed?

Personal Injury refers to the mental and physical injuries that result due to another person’s intentional or negligent act, or strict liability.

Negligence

The acts of someone that lack a reasonable care for others are labeled as negligence. An example of negligence is when your car is stopped at a red light and you get rear-ended by another driver because he wasn't attentive. If physical injuries result during this crash, those would be personal injuries resulting from negligence, but any damages to your car will be property damage. This is because your car is not a person.

A majority of personal injury cases involve negligence. In order to prove the other party's negligence, a personal injury attorney is required to prove the following four things:

Duty of Care: The defendant should have acted prudently in order to avoid injuries caused to the plaintiff.

Breach of Duty: The defendant knew of the risk the plaintiff was exposed to or should have realized that there was a substantial risk.

Direct Cause: The defendant's acts directly resulted in injury to the plaintiff.

Harm: The plaintiff suffered a substantial amount of financial loss due to the defendant's acts.

Intentional Harm

Intentional harm means that the accused deliberately caused injuries to the victim. This encompasses cases of assault, battery, and false imprisonment.

Strict Liability

Strict liability involves cases in which a company or a person produces and distributes or sells a defective product and the product causes injuries to its users. The company or people involved can be held responsible for those injuries.

TYPES OF PERSONAL INJURY

Some common types of personal injuries are given below with their brief descriptions.

Auto Accidents

Victims of automobile accidents are not only the driver, passengers or bystanders but also the spouse of the injured person. All of these victims can recover monetary losses from the person at fault who can be the driver, the owner of the vehicle, or in some cases, even the employer of the driver will have to pay for the damages to your vehicle, treatment for injuries you suffered and medical bills. Automobile accidents include:

  • Motorcycle accidents
  • Boating accidents
  • Trucking accidents
  • Railroad accidents

Slip-and-fall accidents

Slip-and-fall accidents are one of the common types of personal injury lawsuits. These involve tripping over or slipping on something on the floor, then falling down and causing injuries to yourself. Slip-and-fall accidents are also known as:

  • Stump-and-fall accident when someone trips over an obstruction while walking
  • Trip-and-fall accident when someone trips over a foreign object
  • Step-and-fall accidents that involve encountering an unexpected hole or another failure while walking

All of these accidents can occur from grease, ice, or spilled food on the pathways. Also, if the walking surface is poorly managed like broken floorings or crumbling steps with poor lighting conditions, that can also result in injury.

Compensation for Slip-and-fall injuries

Anyone who has been involved in a slip-and-fall accident will be entitled to the following compensations:

  • All medical bills associated with the slip-and-fall injuries
  • Wages that were lost due to the disability caused by injuries.
  • Pain and suffering the victim goes through
  • Property that gets damaged as a result of the accident

The court will have to analyze the situation and have a look at the comparative liability of the two parties. A percentage is calculated that shows how much the injured party is responsible and how much the property owner is responsible for the injury. This percentage helps determine the compensation the defendant is required to pay to the plaintiff. The loss that the injured party will have to bear is also determined through this calculation.

Slip-and-Fall Injuries at Work

An employer cannot be sued if a slip-and-fall injury happens at work. All injuries at work are covered under the workers' compensation law.

Sexual Abuse

There are laws to protect victims of sexual abuse but one should not assume that their best interests will always be focused. There are several things that must be kept in mind to prove your case. These include:

  • In order to prove sex crimes against children, a criminal lawyer with a proven track record should be hired because crimes against children are the most difficult to prove
  • When you file a case against a sex offender, it does not only get you the monetary damages but also helps protect a future victim from sexual abuse. The success of all these matters is determined by how your case is presented in court

Always consult an experienced attorney to handle your case. This would help ensure the success of your case against your attacker.

Dog bites and Animal Attacks

Dog bite and animal attack laws are divided into three different categories:

Strict Liability Laws are for those cases in which the owner of the dog is responsible for the injuries. It is not necessary that the dog has a history of biting. There are certain exceptions to strict liability laws which include:

a)            The plaintiff who suffered a dog bite was trespassing

b)            The plaintiff is a veterinarian who was treating the dog

c)            The plaintiff provoked the dog to respond in an aggressive way

One-bite Laws free the dog owners of any liability if their dog bit someone for the first time. After he is aware of the risk of someone getting bit by his dog, then he'll be responsible for the dog bite.

Negligence Laws hold the owner responsible if his acts were negligent due to which his dog injured someone. For example, the dog owner let his dog roam around the neighborhood while he was aware that his dog had a tendency to bite and someone got bit as a result.

Work-related Accidents

According to workers' compensation laws, you are entitled to certain benefits if you get injured on the job. These include compensation for lost wages while you're at work, payment of your medical bills, vocational rehabilitation, and permanent total or partial disability benefits. These benefits will be paid by the workers' compensation insurance of your employer.

Injuries covered by workers' compensation include:

  • Traumatic physical injuries
  • Mental injuries
  • Repeated trauma injuries
  • Occupational diseases

Wrongful Death

This is a claim against someone who is held responsible for the death of a plaintiff's loved one. It is filed by the close relatives usually.

Personal injury cases also include injuries caused by medical and dental accidents and injuries that occur because of the failure of products.

Author Bio:

Personal Injury attorney Louisville CO have successfully handled thousands of cases as well as across the United States, in both state and federal courts. We will tenaciously fight for you from start to finish and do everything we can to help you reach the most favorable outcome possible.

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