Any individual who was injured due to someone else’s negligence has the legal right to file a personal injury claim against the responsible party. Personal injury law offices in Sarasota can help you with filing your case. But before you file the case, you must know what types of personal injuries can lead to a lawsuit.
Personal Injuries That Will Result in a Lawsuit
Below are common types of personal injury lawsuits:
Medical Malpractice
You can file for a medical malpractice claim if you have been the victim of negligence by a healthcare professional or doctor. Common examples of medical malpractice include misdiagnosis, failure to diagnose, surgical errors, unnecessary surgeries, poor after-care and follow-up, premature discharge, improper medication, and improper testing. You should be able to prove that the medical professional did not provide you with a certain degree of care.
Product Liability
You can hold the seller or manufacturer responsible if they sold you a defective or spoilt product that led to your injury. As per the law, any product should meet the safety expectations of customers. If it causes any problems or danger to the customer, then it will not meet those expectations. Common examples of product liability include defective designs, failure to warn about defects in products, and product malfunctions.
Auto Accidents
Truck, car, or motorcycle accidents are some of the most common personal injury cases. If you have been a victim of an auto accident that was caused by someone else’s negligence, then you can file a personal injury lawsuit against them. An individual will be held responsible for the accident if they don’t take proper safety precautions while riding or driving a motor vehicle.
Workplace Injuries
Workplace injury is another common type of personal injury claim. If you get injured at your workplace due to your employers’ negligence, then you can file a personal injury case against them. Common examples of workplace injuries include slips, trips, and falls, repetitive strain injury, muscle strains due to constant sitting, inhaling toxic fumes, and exposure to loud noise.
Wrongful Death
Any death that was caused due to someone else’s intentional or negligent act is called wrongful death. This type of lawsuit can be filed by the surviving spouse, children, or other relatives of the victim.
Premises Liability
Premises liability cases can be a little complicated. You must determine whether the owner or the occupier of any premises is responsible for your injuries. This will depend on whether you were invited to the property, were permitted to be there, or were trespassing.
Common Injuries in Personal Injury Cases
The kind of damage you can claim in a personal injury case depends on the types of injuries you suffer. Below are common injuries for which you can file a personal injury claim:
- Traumatic brain injury
- Neck injuries
- Spinal cord injuries
- Back injuries
- Amputations
- Burns
- Internal organ damage
- Fractures
- Internal bleeding
- Paralysis
Evidence Required in Personal Injury Cases
While you may think that you have a strong personal injury case, the court will not be convinced unless you provide proper evidence. There are various types of evidence that you can submit to prove your personal injury claim. Common evidence includes:
- Medical reports
- Police reports
- Witness statements
- Incident reports that got documented at the site of the accident
- Documents to prove time missed from work due to the injury
- Previous and current income statements to prove lost or reduced income
- A doctor or medical expert’s testimony
It can get complicated to determine if you have enough proof to prove your claim. A personal injury attorney can guide you legally and handle the insurance company and the opposite party for you. They will investigate your case, gather additional evidence to support your claim, and speak to the insurance companies on your behalf. They will negotiate with the insurance agents and try to get you the best possible outcome. In case you cannot reach an out-of-court settlement, they will take the case to trial and represent you in court.
Types of Damages in Personal Injury Cases
There are two common types of damages in personal injury cases – economic and non-economic damages. Your lawyer may also be able to file for punitive damages if your injuries were caused due to someone’s malicious behavior. Common damages that you may seek in a personal injury case include:
- Medical bills
- Lost income
- Physical therapy and rehabilitation
- Loss of commission on sales
- Loss of potential bonuses
- Property damage
- Pain and suffering
- Loss of enjoyment
- Emotional distress and trauma
- Loss of companionship
Personal injury cases can be extremely stressful if you try to handle them on your own. Hiring an experienced attorney like Hale Law can be beneficial for you. They have years of experience with personal injury law and will do their best to get you the best possible outcome.
