Can you imagine being trampled to death?
Jdimtyai Damour was only 34 years old when he lost his life working for Wal-Mart. The store failed to put up enough security and a frenzied Black Friday crowd crushed Damour to death. Thankfully, Damour’s family decided to launch a wrongful death lawsuit against Walmart for creating an unsafe atmosphere.
Was your life recently interrupted because of someone else’s foolishness? In this article, we’ll review how you can take action by filing different types of personal injury cases. The more you understand about how the legal process works, the easier it’ll be for you to fight for the compensation you deserve!
Read on to learn all about personal injury claims.
Dog Bite Injury Claims
Let’s start by looking at the process involved in injury claims for dog bites. For starters, the dog bite victim will need to prove that the dog owner’s negligence is the direct cause of your injuries. An example of this would be if the dog owner didn’t have their dog on a leash, or their fence was open.
It can become more difficult to win a dog bite case when the dog owner claims that the bite was unpredictable and outside of their control. For instance, if you’re visiting a friend and they’re usually friendly dog bites you, it’s not the result of the dog owner’s negligence.
However, as long as you didn’t provoke the dog in any way, you could still have a winning case. Your lawyer will just need to prove that the dog owner’s fully liable for your injuries.
Premise Liability Cases
Moving on, let’s look at what premise liability cases are all about. When a building or property owner fails to maintain a safe environment, and injuries occur, you have a premise liability case. For instance, if a landlord doesn’t fix a faulty handrail, and you fall down the stairs, you could sue the landlord for their negligence.
As long as your lawyer can prove that the property owner’s negligence caused your injuries, you can receive the compensation you deserve. One of the most important elements of your case will be establishing the cause and severity of your injuries.
Victims must seek out immediate medical attention after sustaining their injuries. Next, it’s a good idea to get legal help for premise liability cases since you’ll have to prove “duty” and “prior knowledge”.
The term “duty” refers to the connection that the property owner had a legal responsibility to maintain a safe property. Whereas “prior knowledge” is where you’ll prove that the property owner knew about the unsafe condition before you got hurt. Lastly, you’ll be able to sue for things such as lost wages, pain and suffering, and medical bills.
Types of Personal Injury Cases for Car Accidents
Car accidents are probably one of the most common types of personal injury cases. When a car accident is minor, and there aren’t any significant injuries or damage, you can usually resolve everything on your own. However, if you have severe injuries or extensive property damage, hiring a lawyer could be in your best interest.
Another car accident case that lawyers are helpful with are ones involving multiple vehicles. When there’s a multi-car accident, the claims process can be confusing. Before you know it, you could find yourself being held partially liable for an accident that wasn’t your fault!
Luckily, an experienced car accident attorney will be able to coach you on what to say to insurance companies to have the best payout possible. Next, if the insurance company’s unwilling to negotiate, or offer you a fair payout, it’s time to lawyer up. Last but not least, you can also use car accident injury claims as an opportunity to seek out punitive damages.
Punitive damages aren’t economical, meaning they don’t help compensate you for your injuries. Instead, punitive damages are a type of punishment for the person who caused you harm. For instance, let’s say a drunk driver caused your car accident, and now you’re permanently disabled. You could have your lawyer seek out punitive damages to discourage the drunk driver from behaving the same in the future.
Malpractice Personal Injury Case
Next on our list of common types of personal injury cases, we have malpractice. Malpractice cases involve a medical professional injuring a patient because of their negligence. For instance, misdiagnosis is a type of malpractice case. If a doctor misdiagnoses a patient, and the patient’s health suffers, the doctor can be held legally responsible.
Other examples of malpractice cases include surgical errors, prescription drug errors, and birth injuries. A surgical error would be something like operating at the wrong incision point or leaving an operating tool in the patient’s body. Prescription drug cases involve patients being given the wrong dose or type of medication.
Settling vs. Going to Trial
Did you know that it’s unlikely your injury case will ever go to trial? Instead, it’s a lot more likely that your lawyer will be able to settle for you outside of the courtroom. Going to trial is expensive, and time-consuming. Whereas settling with insurance companies will help you get your settlement payout much faster.
When you’re hiring your lawyer, find out if they think your case will go to trial. Next, ask them whether or not they’ll be willing to go trial if the need arises. For instance, if the insurance company won’t negotiate, or the at-fault party isn’t cooperating, you may need a trial.
Finally, look for lawyers who are willing to take personal injury cases on a contingency basis. A contingency pay plan means you only have to pay if the lawyer recovers money for you.
Stand up for Your Rights
There you have it! A few of the most common types of personal injury cases. From dog bites to negligent doctors, there are all sorts of valid injury claims. If you suspect you have a case, remember you must seek out medical attention. The sooner you see a doctor, the easier it’ll be for your lawyer to help you get the compensation you deserve.
Are you ready to learn more ways to stand up for your rights? Then you’re in the right place! Go ahead and read another one of our articles with helpful legal tips.