6 Accidents That Lead To A Personal Injury Lawsuit
Many things can happen in a day. And while you try to be safe no matter where you are, accidents can and will happen. 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.
As with other laws, the rules governing a personal injury case are complex. Seeking an appointment with an attorney is the best course.
Accidents Possibly Qualifying For 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. 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.
#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 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.
#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%.
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.
#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.
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.