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What Are The Different Kinds Of Personal Injury?  

Thousands of Americans are seriously injured each year by the negligent acts of individuals and businesses. These injuries can cause long-lasting and sometimes debilitating complications and leave victims with mental and emotional trauma too.

Personal injury law deals with legal disputes that arise when an individual suffers an injury due to another person’s negligence and wrongful conduct. The plaintiff who is the injured person initiates legal action to seek compensation from the defendant, the person or business responsible for causing the injury.

If you are injured due to the negligence or wrongful act of another person or business entity, it is in your best interests to hire a lawyer to represent and assist you. Your lawyer will take the requisite steps to gather and preserve evidence to support your claim and initiate communications with insurance companies on your behalf.

The attorney will establish fault, determine the value of your claim, identify the liable parties, gather photographic evidence, interview witnesses, and collect official reports and medical records.

Some of the most common types of personal injury cases are discussed below.

  1. Car Accident Cases

All drivers have a legal responsibility to ensure the safety of everyone else on the road. When they fail in this duty of care, they can be held liable for the resulting injuries, loss of property, and even loss of life.

Car accidents due to human error and negligence are common causes of serious injuries and even death.

A car accident attorney will present a strong and solid case to insurance companies and seek adequate compensation for clients.

An experienced car accident lawyer will assess your case and let you know your odds of success going to trial versus achieving a swift settlement.

  1. Slip and Fall Cases

Only automobile accidents rank above slip and fall accidents as leading causes of accidental deaths in the country.

If a person is injured or seriously hurt after slipping, tripping or falling on someone else’s property because of the owner’s negligence, the injured person is entitled to receive compensation for medical bills, time he or she was off work, and even for pain and suffering.

It is in the best interests of the plaintiff to enlist the services of an experienced slip and fall accident lawyer without any delay. Sufficient time is necessary to collect evidence to establish the defendant’s liability.

  1. Defamation Cases

 

Defamation is a civil wrong, consisting of statements that harm an individual’s character and reputation. All individuals have a legal right to protect their character and the reputation of their businesses.

A victim of defamation can file a personal injury lawsuit. The intensity of the defamation will depend on who the victim is, and the forum where the statement was passed.

Libel is a defamatory statement made in writing, while slander is spoken defamation. Defamation can cause a victim to lose his or her job or business opportunities. It can also lead to physical and mental issues.

To establish you have suffered damages, in addition to your own testimony, you will have to provide witnesses and present documented evidence.

  1. Dog Bites

In most states, a dog owner is liable for damages suffered by any person bitten by the owner’s dog while:

  • In a public place,
  • Lawfully in a private place, and
  • On the property of the owner of the dog, as long as the victim is legally there.

The victim is only required to show he or she was bitten by the dog without provocation. If the victim’s injury was not caused by a dog bite but instead due to a dog jumping on the victim or scratching him or her, the victim can still bring a claim for negligence against the dog’s owner.

This means that the owner of the dog is liable even if he of she was unaware of the dog’s propensity for aggressive behaviour

An experienced dog bite lawyer knows that any damages must include the cost of long term therapy and psychological counselling. What might seem like a minor dog bite can cause a victim to experience flashbacks, nightmares and even symptoms of PTSD.

  1. Medical Malpractice Cases

Doctors provide several catalogued and classified services such as attending, diagnosing, referring, treating and instructing the patient. If a doctor breaches the duty of care resulting in the patient suffering injuries or even wrongful death, the doctor can be held liable for medical malpractice.

 

You can sue your doctor even if you have signed an informed consent form. Such a consent doesn’t waive your right to sue if you are a victim of medical malpractice. In a Medical Malpractice Claim, the injured patient must prove that a doctor acted negligently in rendering reasonable care, and that such negligence resulted in injury.

In order to bring a medical malpractice lawsuit, a prospective plaintiff must fulfill very strict pre-trial requirements which discourage unmerited and frivolous claims. An attorney must file a notice of intent to litigate for medical negligence.

This notice contains names of the prospective plaintiff and defendants and summary of claim sought and injury suffered. This notice is sent to each of the defendants and in some cases, to state agencies too, 90 days before a suit can be filed. The suit is bound to fail if it is not supported by such a sworn statement and other relevant medical evidence.

  1. Other Intentional Torts

When a person commits a wrongful act that infringes upon the safety or freedom of another individual, it is called a tort. When a tort is committed on purpose, it is called an intentional tort.

Examples of intentional torts include battery, trespassing, assault, theft, wrongful death, defamation, and invasion of privacy.

Some intentional torts like battery, assault, theft, and causing wrongful death are also crimes. Aggrieved victims have a civil and also a criminal remedy available.

The interesting aspect of an intentional tort case is that as a civil case, the burden of proof is ‘preponderance of the evidence’. This is far less to prove than the burden of proof required in criminal courts, which is ‘beyond a reasonable doubt’.

In a successful civil lawsuit, the Court orders the defendant to pay financial compensation (damages) to the plaintiff. In a successful criminal homicide case, the accused is convicted and sentenced to imprisonment, and may be fined by the State.

If you or a loved one was injured due and it was someone else’s fault, contact Khattar Law for a free case evaluation right away.