Common Personal Injury Claims and the Role of an Attorney
Every year, millions of people are affected by personal injuries, and many of those cases are turned over to lawyers. Legal professionals work to determine whether the victim or someone else was at fault. Through fact-finding and deliberations, the extent of neglect and damages is established to determine whether and how much insurance companies, property owners, auto drivers, employers, or medical personnel should make payments.
Motor Vehicle Injuries and Deaths
There are several common causes of personal injuries. In the United States alone, there were 38,659 motor vehicle traffic deaths in a single year, according to numbers from the Centers for Disease Control and Prevention. Each year more than six million accidents affect drivers and the people in their cars, pedestrians, and bicyclists. These statistics make auto injuries one of the most common causes of personal injuries. An attorney should be contacted after an auto accident if an injury or death occurred, fault is a clear issue, the accident happened in a construction area, or if one of the insurance companies doesn’t cover the damages.
Slip, Trip, and Fall Injuries
Another major cause of personal injury cases is the slip and fall accident. In fact, these injuries are so common that insurance companies, construction industry leaders, and equipment manufacturers all provide tips for avoiding these accidents. Slips or trips generally happen when there’s not enough traction between shoes and a walking surface. They also happen when objects are in the path of a person and lead to a fall. To win a case, the accident victim needs to prove that someone else was negligent and caused or failed to prevent the accident.
Medical Malpractice
Medical malpractice is a significant cause of personal injuries. Each year, thousands of people in the United States are harmed because of medical negligence or the failure to perform within reasonable standards of care. Specific examples of cases that may involve the work of an attorney include administration of the wrong drugs or the wrong dosage, surgical errors such as sponges or other equipment left inside the patient, misdiagnoses, and delayed diagnoses. Wrongful death cases sometimes fall into this category.
For a malpractice claim to be valid there must be a doctor-patient relationship, a breach of standard medical care, a clear causal connection between the negligence and the patient’s injuries, and quantifiable damages. The patient, the legal team, and knowledgeable medical experts must clearly provide detailed evidence to receive a favorable settlement.
Defective Product Injuries
Product liability covers injuries due to defective or dangerous products. There are thousands of injuries to consumers because products didn’t meet the functional and safety expectations of most consumers. A personal injury lawyer may make claims against the manufacturers or distributors of products that didn’t have proper labeling or failed to provide safety warnings. During the handline of these cases, the burden of proof lies with the manufacturer rather than the plaintiff. However, legal representation is vital to the success of the claim.
When an individual has been injured because of another’s negligence, a personal injury claim may be the only way to receive the financial compensation necessary to pay for medical bills and employment losses. An experienced attorney has the time and resources to work toward adequate compensation.