6+ Accidents That Lead To A Personal Injury Lawsuit
When someone is injured in an accident that was caused by another person’s negligence or intentional actions, they may be able to pursue a personal injury lawsuit to recover damages for their injuries, medical expenses, lost wages, and other losses.
In public places like parks, malls, and even business offices, people can trip or fall. Whether the mishap is caused by an accident or negligence, aggrieved individuals can seek legal relief before the courts by filing a personal injury lawsuit.
In this topic, we will discuss some of the most common accidents that lead to personal injury lawsuits, the legal elements involved in proving negligence or fault, and the process for pursuing a personal injury claim.
Accidents Possibly Qualifying For Personal Injury Lawsuit
While waiting for your legal consultation, here’s a run-through of the most common accidents that may qualify for the filing of personal injury claims:
#1. Car Accidents
Car collisions happen daily, but not all qualify for a lawsuit in Canada, as personal injury lawyer Ottawa could tell you. Still, vehicle crashes account for the most common causes for personal injury cases accounting for about 52% of the cases, according to the United States Department of Justice (DOJ).
Car accidents may be caused by numerous factors.
- Distracted driving: Drivers who are distracted by their phones, passengers, or other activities can easily cause an accident.
- Speeding: Drivers who are traveling above the speed limit are more likely to cause an accident, as they have less time to react to changes in traffic.
- Drunk driving: Driving under the influence of drugs or alcohol is a serious offense and can lead to accidents that cause injuries or even fatalities.
- Reckless driving: Drivers who engage in reckless behavior, such as swerving in and out of traffic, running red lights, or cutting off other drivers, can easily cause an accident.
- Poor road conditions: Roads that are poorly maintained or have potholes or other hazards can cause accidents.
- Defective vehicles: Sometimes accidents are caused by defective parts or equipment in a vehicle, such as faulty brakes or tires.
If circumstances point at careless, distracted driving as well as being in the influence of alcohol and other substances, a victim may consult with a lawyer specializing in those cases. To be represented by a legal professional would enable you to establish who’s at fault and ask the other party to take full responsibility for the losses.
A victim must document the scene, gather witness statements, and seek immediate medical attention following the accident. These steps can significantly enhance the credibility of your claim. Additionally, government reports, like police reports, can serve as substantial evidence during a court session.
#2. Medical Malpractice
Delayed diagnosis, misdiagnosis, negligence on the part of healthcare professionals, and surgical errors are the most common cases cited in medical malpractice lawsuits filed before the US courts. According to the US DOJ, these incidents make up an estimated 15% of personal injury lawsuits.
Not all incidents of patient harm, injury, or death can be classified as medical malpractice. On the other hand, if the medical professional failed to provide competent services, they may be liable for specific damages regardless if the act is unintentional.
A victim of medical malpractice can seek compensation for pain and suffering, loss of enjoyment of life, and mental anguish resulting from the malpractice incident. It’s crucial to have all medical records, expert medical opinions, and documentation-related expenses to fortify a medical malpractice lawsuit.
A discussion with a medical malpractice lawyer can help you qualify the circumstances further. Make sure to seek legal advice before filing a personal injury lawsuit to help you receive proper compensation.
#3. Slips, Falls, and Trips
On-the-job vehicular accidents, slips, trips, and falls account for the most common causes of workplace deaths, per the US Department of Labor. In these circumstances, though, an employee’s compensation law instead of personal injury law may be more applicable.
Still, company and building owners are legally obliged to prevent any form of accidents and toxic exposures in their premises. When visitors fall victim to any of these unfortunate incidents, the company and building managers may be liable for damages.
Contrary to common belief, these aren’t minor accidents. The Centers for Disease Control and Prevention (CDC) says one in five falls may result in serious conditions, including broken bones and head injuries.
#4. Dog Bites
If you have a dog, make sure you exert all means to prevent your pet from injuring visitors or passersby. If the victim trespassed or is partly to blame for the accident, you may forget about injury lawsuits from a dog bite.
An unprovoked attack causing substantial harm to a victim may put owners responsible for the injuries caused by their pet. Different states have different laws, so check your local statutes.
Some jurisdictions follow the ‘one bite rule,’ allowing dog owners some leeway if the dog has never bitten anyone before. In contrast, others impose strict liability, holding dog owners responsible regardless of the dog’s previous behavior.
#5. Product Liability
By accident, some of the products you use may cause unintentional injuries. These may stem from factory defects, poor manufacturing practices, or the use of hazardous materials. The DOJ says personal injury lawsuits caused by product liability are approximately at 5%.
There are three main types of product defects that can lead to a product liability claim:
- Design defects: These occur when a product’s design is inherently dangerous or defective. For example, a car with a design defect that causes it to roll over easily in an accident.
- Manufacturing defects: These occur during the manufacturing process, when a product is produced in a way that makes it different from its intended design. For example, a batch of medicine that is contaminated during the manufacturing process.
- Marketing defects: These occur when a product is marketed or labeled in a way that fails to warn consumers of its potential dangers. For example, a toy that is marketed as safe for young children, but contains small parts that can be a choking hazard.
Product makers have the responsibility of creating and selling merchandise that’s safe for use and consumption. To make sure they adhere to specific product standards, punitive measures should be in place in cases of serious errors causing major injuries and losses.
To build a product liability case, a victim should preserve the defective product, if possible, as it can serve as crucial evidence. Additionally, any incriminating communication with the manufacturer or seller regarding the defect can be instrumental in establishing liability.
#6. Amusement Park Accidents
Ideally, any ride inside the amusement park should be tested for safety before the public has the chance to ride on them. The management should make sure they have enough personnel to check for precautions and stability of the structures. Theme parks should also have experienced operators who know how to run the equipment.
If any of these staff were negligent in their duties, causing harm and injury to the riding public, a personal injury lawsuit may be in order. Apart from suing the theme park owner and operators, ride manufacturers may be sued for liability in some circumstances.
#7. Assault and battery
Assault and battery are both intentional torts that can lead to personal injury claims. Assault refers to the threat of bodily harm or physical contact, while battery refers to the actual physical contact or harm.
Assault and battery can occur in a variety of situations, such as:
- Altercations with other individuals: If you are involved in a physical altercation with another individual, you may be able to pursue a personal injury claim if you are injured as a result of the altercation.
- Workplace incidents: If you are assaulted or battered by a coworker or your employer, you may be able to pursue a personal injury claim against the responsible party.
- Sports injuries: Injuries sustained during contact sports such as football or hockey may be considered assault and battery if the actions of another player were intentional and outside the normal bounds of the sport.
- Sexual assault and battery: If you are sexually assaulted or battered, you may be able to pursue a personal injury claim against the perpetrator.
If you have been the victim of assault or battery and have suffered injuries as a result, it’s important to report the incident to the appropriate authorities and seek medical attention as soon as possible.
#8. Bicycle Accidents
Cyclists are particularly vulnerable on the road. Road conditions, unpredictable weather, and negligent drivers increase the chances of bicycle accidents. Accidents can lead to serious or catastrophic injuries.
A victim of a bicycle accident should promptly contact a bike accident lawyer to discuss their legal options, including filing a personal injury lawsuit if another party’s negligence caused the accident. This professional can help cyclists understand their rights and seek compensation for medical expenses, lost wages, and other damages from the accident.
Before Filing A Personal Injury Lawsuit
When it comes to filing a personal injury lawsuit, time is of the essence because each state has its time frame. If you or a loved one failed to file within the set schedule, you may be barred from vying for claims. Medical negligence, for instance, allows victims to file 10 years from when the incident or procedure was done.
To increase your chances of winning the case and get the compensation you deserve, always consult with an experienced personal injury attorney.