The legal field has many different roles, everything from divorce to medical malpractice.
Different attorneys help you with different problems.
If you've been in an accident due to someone else's negligence, you need to contact a personal injury lawyer.
A personal injury attorney knows a wide range about tort law so that they can help you get fair compensation for your damages.
It's essential to know about the types of injury cases handled by personal injury lawyers so you can work with a law firm with the skills, resources, and experience needed to win your personal injury settlement.
In the article below, we will look at the types of cases personal injury lawyers handle.
Table Of Contents
- What Is a Personal Injury Case?
- What's the Difference Between Personal Injury and Bodily Injury?
- What Are Considered Personal Injuries?
- Common Types Of Personal Injury Cases
- What Types of Damages Can You Sue For?
- Can You Be Compensated for Pain and Suffering?
- What Should Be Included in a Personal Injury Claim?
- What Percentage Do Most Personal Injury Lawyers Take?
- Is It Worth Hiring A Personal Injury Lawyer?
What Is a Personal Injury Case?
A personal injury case is a legal issue when one party is harmed due to an accident, and another party may be held legally liable for any injuries or damages.
The injured victim then provides proof of negligence and pursues compensation for their damages.
Although tort law covers a broad spectrum of scenarios, there are four main components to these cases, including:
- Duty of care: A person, business, or other entity owes a duty of care to other people. People are expected to behave reasonably and rationally to keep others safe.
- Breach of duty of care: The at-fault party violated this standard of care by behaving recklessly or negligently.
- Causation: This breach directly caused harm to someone else.
- Damages: The injured victim suffered losses due to the breach of the duty of care.
If a person or entity fails to act reasonably and harms someone else, they are at fault and can be held liable.
To hold a negligent party accountable, you must file a personal injury claim.
The "burden of proof" is on the injured victim in a personal injury case, so they have to prove all four elements of negligence by presenting supporting evidence.
What's the Difference Between Personal Injury and Bodily Injury?
A personal injury includes any injury that occurs in an accident. This includes punitive damages for all physical, mental, or emotional distress claims.
A bodily injury only includes physical injury to your body.
What Are Considered Personal Injuries?
Various types of injuries can be considered personal injuries.
They include:
- Birth injuries
- Spinal cord injuries
- Head & brain injuries
- Workplace accidents and other work-related injuries
- Neck injuries (whiplash)
- Emotional injuries
- Injuries from exposure
- Joint & limb injuries
- Hip injuries
- Internal injuries
- Medical malpractice
- Nursing home abuse
- Burn injuries
- Bone & muscle injuries
Common Types of Personal Injury Cases
Car Accidents
On average, 3 million people in the U.S. are injured every year in car accidents. In addition, around 2 million drivers in car accidents experience permanent injuries every year.
Expenses and injuries from motor vehicle accidents can devastate victims and their families.
However, personal injury lawyers make it their mission to help.
An experienced accident attorney can help you get your life back on track and connect you to medical care and receive a fair settlement when pursuing car accident damages.
Truck Accidents
Truck accidents are devastating and often result in catastrophic injuries.
Truck accidents are assumed to be the truck driver's fault, but other parties may be to blame for the crash.
A trucking company with unrealistic delivery schedules and deprive the driver of the necessary rest may be held responsible if the truck accident occurred due to driver fatigue.
If a part of the truck malfunctions due to a mechanical defect, the truck manufacturer or the company responsible for its maintenance may also share liability for the accident.
An injury lawyer will help you take legal action against any responsible parties.
Premises Liability
Premise liability, or slip and fall accidents, is another common personal injury case.
Under premises liability law, property owners must protect the safety of those on their property.
Property owners have to ensure that everyone who enters their business, home, or land are safe and do not get injured due to hazards or dangerous conditions.
The level of liability for injuries varies based on whether the injured person was a business guest, social guest, or even a trespasser.
Cases that fall under premises liability law include:
- Slips and falls
- Faulty wiring
- Inadequate lighting
- Harmful materials or chemicals
- Poisoning
- Swimming pool accidents
- Inefficient or negligent security
Pedestrian Accident
Since pedestrians have no protection when they are involved in an accident, the results are often catastrophic injury, paralysis, or wrongful death.
A personal injury lawyer will help you find justice and hold the negligent party responsible.
Product Liability
Despite government standards and regulations, defective products still find their way to consumers.
Companies that design, manufacture, or sell a defective product can be held liable if the products cause harm.
A personal injury attorney experienced in product liability cases can bring negligent manufacturers to justice and seek maximum compensation on your behalf.
What Types of Damages Can You Sue For?
Economic Damages
Economic damages cover actual costs you have incurred due to the incident in question.
They include:
- Medical bills and property damage. Accident victims can seek compensation to cover all medical bills and property damage related to the incident.
- Lost wages and lost benefits. An injured person can also pursue compensation for wages lost due to your injury. They can also seek compensation for future wages you can't earn due to an ongoing disability. If you can't return to work, you can pursue compensation for lost economic benefits like retirement benefits or pensions.
Non-Economic Damages
Personal injury law allows you to seek compensation for intangible losses with no specific monetary value.
Damages in this category compensate you for the consequences of the injury that impact your ongoing quality of life.
These consequences can include:
- Physical pain and suffering
- Loss of consortium
- Loss of companionship
- Disfigurement
- Emotional or mental anguish
- Impairment
- Loss of enjoyment of life
Can You Be Compensated for Pain and Suffering?
You can, and should, be compensated for your pain and suffering after a personal injury accident.
Pain and suffering damages include compensation for " going through" the physical or emotional pain and suffering that you endure because of the accident.
There's no exact formula to calculate pain and suffering damages.
The courts or your insurance company will look at the evidence presented in a personal injury case to determine what is fair and just for the victim.
What Should Be Included in a Personal Injury Claim?
A personal injury claim often requires various types of documents or evidence.
The documents you need depend on the nature of your accident, your injury, and the damages resulting from the accident.
The following are basic documents that might apply to your accident or injury claim:
- Police reports
- Witness statements
- Medical reports
- Physical evidence
- Insurance information
What Percentage Do Most Personal Injury Lawyers Take?
Contrary to other types of litigation, personal injury attorneys are typically compensated on a contingency fee basis.
If you're wondering what percentage attorneys charge for personal injury legal services, they typically charge between 30 and 50 percent of the settlement.
The national average is usually 1/3 of the settlement award.
This aspect of your case is something that you will agree upon before signing any documents with your attorney.
Is It Worth Hiring a Personal Injury Lawyer?
Personal injury cases can be messy, and they are always complicated.
Insurance companies don't always play fair because they need to protect their profits.
To ensure you receive a fair settlement, it is absolutely worth hiring an experienced lawyer to help with your case.
If you want your case handled properly, contact Helping the Hurt.
Let our attorneys take care of the complicated legal process of filing an accident report.
The accident law firms we refer to are the best in personal injury lawsuits.
We use a top team of lawyers to help you receive the adequate compensation you deserve for your car accident injury case.
Our attorneys offer free consultations, so you can better understand your case.
Contact our office today so we can get you the compensation you deserve.
References:
https://attorneyguss.com/cases-louisiana-personal-injury-lawyers-handle/
https://www.enjuris.com/personal-injury/
https://www.kryderlaw.com/faqs/what-is-the-difference-between-bodily-injury-and-personal-injury/
https://rmfwlaw.com/blog/personal-injury-faqs/what-kind-of-cases-do-personal-injury-lawyers-handle-in-new-york
https://www.stephenslaw.com/what-types-of-cases-do-personal-injury-lawyers-handle/
https://www.sjinjuryattorneys.com/faqs/kinds-of-damages-available-in-a-texas-personal-injury-case.cfm
https://bencrump.com/personal-injury/what-type-of-damages-are-awarded-for-pain-and-suffering/
https://www.enjuris.com/personal-injury-law/personal-injury-claim-documents.html