Personal injury law is the branch of civil law that applies to cases involving damages caused by negligence. If one party injures or damages another party due to a lack of reasonable care, the injured party can claim damages through a personal injury lawsuit. If you or a loved one recently sustained injuries or economic losses because of another party’s negligence, illegal activity, or reckless behavior, you might wonder if you have grounds for a legal claim for compensation. There are many types of personal injury cases that arise in the United States, and your situation could fall into one of the following categories.
Car Accident Claims
Motor vehicle accidents are the leading reason personal injury lawyers are hired in the United States. When drivers commit moving violations, drive recklessly or aggressively, or operate their vehicles while under the influence of alcohol or drugs, they can easily cause severe or even fatal injuries to others. In a personal injury case for a car accident, an injured driver will typically look to insurance coverage before proceeding to legal action. If a covered at-fault driver’s policy fully covers an injured driver’s damages, there is no need to pursue legal action. If the scope of the victim’s damages exceeds that of available coverage, a personal injury lawsuit may be necessary for the plaintiff to fully recoup their losses.
Medical Malpractice Lawsuits
Injuries sustained during the course of medical treatment are also leading causes of personal injury claims in the United States. All medical professionals have a duty to do no harm to patients and to always adhere to the standard of care for a given patient’s condition.
When a physician or other medical professionals fails to uphold the appropriate standard of care for a patient or steps beyond the scope of acceptable care without reasonable justification, they may injure the patient causing a wide range of possible results. If you suffered an injury, developed a disability, or incurred significant medical bills due to ineffective, negligent, or erroneous medical treatment, you might have grounds for a medical malpractice lawsuit.
Premises Liability Claims
Property owners must ensure the premises they control are safe for lawful visitors. If a property owner knows of a safety issue, they must make every effort to correct it or to at least warn visitors of the issue before it can lead to an injury. For example, marking a freshly mopped floor with a warning sign or clearing away ice from outside a storefront can help prevent slip and fall injuries. It’s important for property owners to remember that under California law, they only owe this duty of care to lawful visitors, not trespassers.
Product Liability Claims
Product manufacturers have several duties to consumers, including the right to provide customers with the necessary information to make informed purchasing decisions and how to use products correctly and safely. If a company produces a defective or dangerous product, fails to provide adequate safety warnings and usage instructions, or fails to meet necessary regulatory requirements with a consumer product, the company is liable for any resulting damages to consumers who use such a product. Product liability claims can often lead to class-action lawsuits when one product from one defendant causes similar injuries to many different consumers.
When an individual intentionally causes a physical or economic injury to another person, this is an intentional tort which is subject to both criminal penalty and civil liability. Assault, arson, fraud, and battery are all intentional torts that will likely lead to criminal prosecution for the offender, but they will also face civil liability for victims’ medical expenses, pain and suffering, and other damages.
Every state has different laws pertaining to dog bite-related injuries. In California, dog bites fall under strict liability statutes. If a dog bites another person unprovoked in California, the dog’s owners are liable for any resulting damages regardless of whether the owners knew that the dog had violent tendencies or a history of biting. This rule applies to dog bite that occur when a victim is lawfully present on public or private property, but the strict liability rule does not protect trespassers. If someone trespasses on private property and the property owner’s dog attacks to defend the property, the trespasser will not have a claim for damages against the owner.
These are some of the most common examples of personal injury cases that play out across California and the United States every day. No matter what type of personal injury case you might have, it’s essential to have reliable legal representation who can guide you to a successful resolution and navigate the complexities of your case. If you need a Folsom personal injury lawyer after a car accident, dog bite, or injury from a consumer product, contact the Law Offices of Black & DePaoli, PC today to schedule a case evaluation with one of our attorneys.