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5 Types of Personal Injury Cases

Personal injury is a broad discipline in the field of law that encompasses claims and lawsuits regarding different types of injuries. The victim of such an incident can file a personal injury claim, demanding financial compensation from the accused to cover medical expenses and other damages.

You can seek financial compensation through a court trial or a settlement outside the court.

There are various personal injury claims, from automobile accidents to employer negligence and medical malpractice. Some of these case types are common, and their financial compensation is relatively low. However, other cases like medical malpractice may have millions of dollars worth of settlements.

This article will discuss the different types of personal injury cases. So without further ado, let’s get on with it.

  1. Auto accident injury

If you or someone you know was in an auto accident, then you know that it’s due to the negligence of one of the two parties. So you can seek financial compensation if you suffered physical harm due to another driver’s negligence. The financial reward may help pay for medical expenses and provide for your family while you cannot work.

Contacting a personal injury attorney immediately if you suspect the other party was at fault is important. Depending on the state laws, you will be required to file a claim before the statute of limitations expires. For example, in Tennessee, the statute of limitations for personal injury claims is one year, so you must file your claim before the year ends. If you’re based in Knoxville, Tennessee, look up “personal injury lawyer Knoxville,” and you’ll find attorneys who can help you with your claim.

According to the National Highway Traffic Safety Administration (NHTSA), over 42,000 people have died in automobile accidents in 2021. Given the extent of automobile accidents in the USA, it is not surprising that auto accident injuries are one of the most common personal injury cases.

  1. Assault

Assault cases are fairly common, and victims often seek compensation for physical injuries and emotional trauma caused by the assault. Assault can either be a physical attack or a severe threat. The law does not state that an assault incident should involve physical touch. If the threat alone is substantially strong to prove emotional damage, then you can file for a claim.

For instance, if a person points a gun at another, threatening to shoot, but doesn’t shoot, it is still considered assault. And if the person shoots, it qualifies as a battery case since it has inflicted physical and emotional harm. Both assault and battery cases are liable for a personal injury claim. You can file a criminal lawsuit against the attacker.

According to the US Bureau of Justice Statistics, there have been more than six million assault cases in the US in 2018. Yet, despite the high number, many victims hesitate to step forward and file a claim. Don’t let your attacker intimidate you to not proceed with the claim. It is your right to seek financial compensation and justice.

  1. Medical Malpractice

Medical malpractice is a type of personal injury claim when a doctor, nurse, or another healthcare expert fails to meet the appropriate standards of medical care. Medical malpractice is a somewhat controversial subject and one that requires the expertise and knowledge of a medical malpractice attorney.

This type of claim covers a range of situations like surgical errors, misdiagnosis, wrong prescription of medicine, and pharmaceutical errors. The most common type of medical malpractice case is birth injury incidents. Birth injury incidents may be due to improper delivery methods or lack of care for the newborn. Such negligence may result in the child developing an illness or severe injury.

To file such cases, you may have to give proof of the healthcare practitioner’s negligence. You can demand financial compensation for covering treatment costs, medicines, and assistive aid.

  1. Workplace injuries

According to the US Bureau of Labor Statistics, 4764 fatal work injuries were recorded in 2020. Most workplace injuries occur due to an employer’s negligence. For example, it could be negligent supervision of subordinates when handling heavy machinery, lack of safety training, or failure to justly deal with harassment and violent workplace incidents.

Employer negligence can lead to physical harm, emotional trauma, and loss of employment. If you’ve been a victim of your employer’s negligence and suffered physical damage, emotional distress, or unemployment, immediately seek advice from a workplace injury attorney.

The attorney will help you gather substantial evidence and file a claim for financial compensation. The compensation would cover medical bills and finance your lifestyle when you cannot work.

  1. Product Liability

Product liability cases occur when a manufacturer or seller causes bodily harm to a consumer. This harm could be due to a manufacturing flaw or design fault. Although product liability claims aren’t as common as other cases in this article, victims can still seek financial payouts for them. Filing a product liability claim can hold the manufacturer or seller accountable and protect many other customers.

Not just manufacturing flaws but faulty labels, lack of transparency, or absence of warning signs from usage may cause harm to the user. Common industries where such cases arise are food, cosmetics, drugs, children’s products, and electronics.

A specialized attorney can help you gather relevant evidence like receipts, laboratory test results, and medical records. Then, you can file claims against business organizations, governmental authorities, and individuals responsible for causing you harm. For example, in most product liability cases, the court may ban the manufacturing and sale of defective products or suspend the manufacturer’s license.

Conclusion

Regardless of how careful you might be, incidents and injuries occur. What’s important is to plan a course of action after encountering an accident or injury. Seek medical care as soon as possible and consult a personal injury lawyer. Also, ensure to preserve all medical and relevant records for presenting in court as evidence. It is advised that you consult your attorney in case the accused party reaches out for a settlement. Often, a settlement’s financial reward is less than a court trial’s. Make sure to compare the two options with your attorney before deciding.

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