Helping The Hurt Blog

What Are The Most Common Personal Injury Cases?

Written by Helping the Hurt Team | Sep 17, 2018 3:36:29 PM

Common Personal Injury Accident Cases 

Personal Injury Accidents occur daily, making them an inevitable part of life.

When accidents are severe, the injured party may be able to take legal action and file a Personal Injury Lawsuit to obtain compensation for their suffering.

The purpose of a personal injury claim is to compensate those who were injured because of another's negligent actions.

Monetary compensation can be awarded for physical damages, emotional stress, lost wages, loss of companionship, and medical expenses.

Each personal injury claim will require its own set of personal injury laws and procedures for the victim to receive the compensation that they deserve.

When looking for assistance, you should always contact an experienced personal injury attorney for legal help.

Some of the most common types of cases that a Personal Injury Attorney will handle include:

Table Of Contents

Motor Vehicle Accident Cases 

Motor Vehicle Accident Cases

The most common personal injury claim is one that arises because of motor vehicle accidents.

This includes:

  • Auto Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Bus Accidents

Most vehicle claims involve both accident injuries to the driver and passengers and vehicle damages.

Unfortunately, car accidents occur every single day, leaving many people with very serious injuries and a substantial financial burden. 

Common Causes of Motor Vehicle Accidents

Motor vehicle accidents can happen for various reasons, often due to driver negligence.

Common causes include:

  • Distracted Driving: Using a phone, eating, or engaging in any activity that takes the driver’s attention off the road.
  • Speeding: Driving over the speed limit or too fast for road conditions, leading to loss of vehicle control or reduced reaction time.
  • Drunk Driving Accidents: Alcohol or drug impairment is a leading cause of motor vehicle accidents.
  • Reckless Driving: Aggressive driving behaviors, including tailgating, weaving through traffic, or street racing.
  • Driver Fatigue: Drowsy driving can impair reaction times and decision-making abilities, leading to accidents.
  • Weather Conditions: Poor weather, such as rain, snow, fog, or ice, can reduce visibility and make roads more hazardous.
  • Mechanical Failures: Faulty brakes, tire blowouts, or other mechanical issues can lead to loss of control and crashes.
  • Traffic Violations: Running red lights, failing to yield, or making illegal turns can cause accidents.

Types of Motor Vehicle Accidents

Different types of accidents can affect the severity of injuries and the complexity of legal claims.

Some common types include:

  • Rear-End Collisions: Often caused by distracted driving or following too closely, these accidents occur when one vehicle hits the vehicle in front of it.
  • Head-On Collisions: These accidents are often the most severe, occurring when two vehicles crash into each other from opposite directions.
  • T-Bone (Side-Impact) Collisions: These happen when one vehicle strikes the side of another vehicle, often at intersections.
  • Sideswipe Accidents: Occur when two vehicles driving in the same or opposite directions collide along their sides.
  • Single-Vehicle Accidents: Involve only one car and may occur due to road conditions, driver error, or obstacles on the road.
  • Multi-Vehicle Pileups: Accidents involving multiple vehicles, often in poor weather conditions or high-traffic areas, making fault determination complex.

Common Bodily Injuries in a Motor Vehicle Crash

  • Traumatic Brain Injuries
  • Spinal Cord Injuries
  • Burn Injuries
  • Neck Injuries 
  • Mental Anguish
  • Soft Tissue Injuries
  • Broken Bones

Slip and Fall Cases 

Slip and Fall Accidents can result in very severe injuries, and if you believe your accident was the result of an unsafe environment, a personal injury claim can be made.

If you're a customer at a store, visiting a building, or even a partygoer at a neighbor's house, it's up to the property owner to maintain their property and fix any dangerous conditions that could cause injury to another.

Key elements of a slip and fall case:

  • Duty of Care: The property owner or occupier has a duty to keep the premises reasonably safe from hazardous conditions.  The level of duty can vary based on the status of the visitor:

    • Invitees: People invited onto the property (e.g., customers in a store) are owed the highest duty of reasonable care. The property owner must inspect the property for hazards and repair or warn about them.
    • Licensees: Social guests or individuals with the owner's consent (e.g., friends visiting a home) are also owed a duty of care, but not as high as for invitees.
    • Trespassers: Property owners generally owe no duty to trespassers except to avoid intentionally causing harm or to warn of known dangers that could cause serious injury (e.g., an unmarked pit or uneven surfaces).
  • Breach of Duty: The plaintiff must show that the property owner breached their duty by failing to correct or warn of a dangerous condition that they knew about (or should have known about).

  • Causation: It must be proven that the breach of duty directly caused the slip and fall accident and the resulting injuries.

  • Damages: The plaintiff must demonstrate that they suffered actual damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

In a slip and fall accident case, it needs to be proven that the property owner was negligent, and therefore, the injuries that were suffered can be blamed on their careless actions.

Proving fault in a premises liability case can be very difficult to handle without the help of an attorney.

Often, the property owner will retain a lawyer of their own to try and prove that the victim was partially at fault in order to lower their financial responsibility.

Work Injury Cases 

Workplace injuries often result in personal injury claims.

When an employee suffers from an injury or illness that happened on the job, a workers' compensation claim can be filed.

Proving a Work Injury Case

Work injury cases, particularly those outside the workers’ compensation system, often require proving that the employer, a third party, or a defective product caused the injury.

This may involve:

  • Medical Records: These provide documentation of the injury, its severity, and the treatments needed.
  • Witness Testimony: Statements from coworkers, supervisors, or other witnesses can help establish the cause of the injury.
  • Accident Reports: Employers often require employees to report workplace accidents. These reports can provide essential details about the incident.
  • Safety Violations: Evidence of the employer's failure to follow safety regulations (e.g., OSHA violations) can strengthen a negligence case.
  • Expert Testimony: In complex cases, expert witnesses (e.g., safety engineers and medical care professionals) may testify to how the injury occurred and its long-term effects.

Your employer is legally responsible for ensuring a safe and healthy work environment for their employees.

If you suffer a work-related injury, it's important to know what your responsibilities are during a workers' compensation claim so you have the best chance at obtaining the compensation that you are owed from the party responsible. 

Hiring an experienced workers comp attorney will be your best chance at receiving all the benefits that you are owed.

They will make sure that you follow all of the necessary procedures and legal responsibilities during your workers' compensation claim.

Medical Malpractice Cases 

Medical errors are often very controversial.

In order to file a medical malpractice claim, it must be proven that the healthcare provider or hospital violated the reasonable standard of care that was owed to you as a patient, and because of this, you were harmed.

Medical malpractice injuries can have life-long effects on the injured and should be addressed immediately.

Medical malpractice lawsuits almost always require the help of an experienced attorney who will find medical experts who are willing to testify on your behalf regarding the negligence that occurred.

It will be up to your personal injury lawyer to evaluate your case and contact witnesses who are willing to testify on your behalf.

If you believe you were injured as a result of a medical malpractice error, you should not hesitate to contact an attorney for legal help.

Product Liability Cases 

Dangerous products cause thousands of injuries each year.

Manufacturers and sellers are required by law to meet the ordinary expectations of the consumer concerning function and safety.

Product liability claims are made against the manufacturers or distributors of a defective product.

Countless products are on the market, so it's not uncommon for someone to suffer from a product liability injury.

In a product liability lawsuit, instead of the injured proving negligence like other personal injury claims, it is actually up to the manufacturer to prove that they were not negligent or guilty of the injury that occurred.

If you believe you suffered an injury due to a defective product, hiring a personal injury lawyer will be your best chance at obtaining the settlement amount that you deserve.

Wrongful Death Cases

Wrongful death claims arise when a person dies as a result of someone else’s negligence, recklessness, or intentional misconduct.

These cases are typically filed by family members or representatives of the deceased's estate against the person or entity responsible for the death.

The goal is to seek compensation for the losses suffered due to the untimely death.

Common Causes of Wrongful Death

Wrongful death cases can arise from a wide range of situations, including:

  • Motor Vehicle Accidents: Car, motorcycle, truck, or pedestrian accidents caused by negligent or reckless driving.
  • Medical Malpractice: When healthcare professionals make critical mistakes, such as surgical errors, misdiagnoses, or medication errors, that lead to a patient's death.
  • Workplace Accidents: Dangerous conditions, lack of safety equipment, or employer negligence in maintaining a safe work environment.
  • Product Liability: Defective products, such as faulty machinery, unsafe pharmaceuticals, or defective vehicle parts, can cause fatal accidents.
  • Criminal Acts: Homicides, assaults, or other criminal activities that result in death.
  • Premises Liability: Fatal accidents occurring on someone else's property due to unsafe conditions.
  • Nursing Home Abuse: In some cases, elderly or vulnerable residents of care facilities may die due to negligence or abuse.

How a Personal Injury Attorney Can Help:

  • Evaluate Your Case: Attorneys assess the strength of your case and estimate the compensation you may be entitled to for medical bills, lost wages, pain and suffering, and more.
  • Handle Insurance Companies: Your attorney will negotiate with insurance companies to ensure you receive fair compensation for injuries.
  • Represent You in Court: If a settlement isn’t reached, your attorney will file a lawsuit and represent you in court to seek personal injury damages through litigation.
  • Expert Guidance: They can help determine if you have any additional claims, such as third-party liability claims for workplace injuries or punitive damages for reckless behavior.

Contact a Personal Injury Attorney for Legal Help 

If you've been involved in an accident or workplace injury or suffered any harm due to negligence, contacting a personal injury attorney can significantly improve your chances of receiving the compensation you deserve for your financial losses. 

Personal injury lawyers have a legal duty to help victims navigate the legal process, negotiate with insurance companies, and, if necessary, represent them in court.

When you suffer physical harm, emotional harm, and financial harm, it is never advised to try and handle an accident lawsuit without legal help.

There are so many rules and regulations for each different accident, and if you are not well-versed in the various laws, you can get taken advantage of when it comes to filing a claim for damages and receiving financial compensation for your losses. 

The experienced attorneys at Helping the Hurt have the training and skills to help accident victims receive the compensation that they deserve for their injuries.

In order to have a successful claim, you need the help of an attorney who understands personal injury law. 

At Helping the Hurt, we have a team of expert lawyers who offer a free case review to all personal injury accident victims. 

We will complete a thorough investigation into your accident and help you obtain the maximum amount of compensation you are owed from the responsible parties. 

Do not hesitate to contact our personal injury law firm if you were involved in an accident that you believe was caused by someone else's negligence.