Types of Cases for Personal Injury
What cases for personal injury make a good case? A personal injury is defined as an injury to the body, mind or emotions as opposed to property damages. This is also called “tort law” which more specifically is a “civil wrong which can be redressed by awarding damages In every personal injury case the plaintiff is looking for damages or payment for the injury that goes towards bills and things of such nature. Personal injury cases can be filed for the following.
Car Accident Cases:
A car accident case, or otherwise referred to as an MVA, is a case where the plaintiff has been injured in some way whether it be broken bones or back pain. The damages that come from this type of case usually for property damage i.e. a car and bodily harm. The money that is owed due to bodily harm pays for any medical bills that can come from either a hospital or physical therapy that may be required later.
Medical malpractice cases are any case that involves a doctor or healthcare official does not provide reasonable and responsible care to the patient and it results in an injury. This cases can be filed against individual doctors or even an entire hospital depending on who’s negligence ultimately caused the injury or wrongful death.
Types of Medical Malpractice
- Misdiagnosis: Many malpractice cases are filed because a doctor examines a patient and misdiagnosis them causing false treatment or lack of treatment preventing the person from receiving the necessary help they need
- Failure to Treat: In this case the person has been diagnosed but never received adequate treatment
- Surgical Errors: These cases are often the worst for the patient because they often lead to long term problems for patients. Examples are damaged organs, unsterile equipment, leaving equipment in the body cavity etc.
- Medical Product Liability: This occurs when a medical product does not do its job correctly and the producer of that product is responsible.
Defamation cases are a type of injury to the reputation of the plaintiff. The case made for defamation against someone depends on who they are. I.e. A regular person must only prove that the defendant said something untrue and negative and also cost you money by means of the slander. If you are a celebrity you have to prove ‘actual malice’ which is “knowing that it is false or acting with reckless disregard for the statements truth or falsity”
Types of Defamation:
- Libel: Libel is a written statement of defamation like letters, comments on websites etc.
- Slander: Slander is any vocal statements of defamation to any third party person about the subject. If they can prove what you said hurt them financially then they can have a successful suit
In a dog bite case, the liability of the dog varies from state to state. Some states have the owner liable no matter what, even if it was the dog’s first time biting anyone/anything. The other version that other states use is the “one bite” law which states that “the owner of a domesticated animal (e.g., a dog) will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal’s dangerous or vicious propensities, which have been manifested in the past. Simply put–did the owner know that a bite was possible. The damages from cases are made from any injury from the bite. Some people attempt to prove emotional harm as well.
Slip and Fall:
The slip and fall case for personal injury is the most common other than MVA’s. Property owners have a responsibility to keep their property well-maintained and free of any hazards. When someone is injured by something that should have been taken care and would have been taken care of by someone “reasonable” then there is a case. This doesn’t mean that if you are on someone’s property and get hurt they are liable for your injury. It has to be under the correct legal circumstances and type of property.
Types of Slip and Fall
- Poor Lighting: These cases occur when the injured party was hurt because they could not see clearly enough to prevent their accident
- Staircases/Ramps: When someone falls down the stairs, their can be a liability when the step or railing is loose and causes the person to fall
- Slippery Floors: Wet floors are a large portion of “slip and fall cases”. Slipping liability comes from whether or not something should have been done about in a reasonable amount of time or there wasn’t any warning provided like a ‘wet floor’ sign
Assault cases for personal injury are not like the other cases in the sense that these cases are not proving negligence or liability but they are establishing intent. They usually have a criminal case with it that hands out a sentence while the lawsuit would hand out compensation for any injuries sustained from the assault.