Approximately 50 million people annually need treatment in a doctor’s office or emergency room for unintentional injuries. Some of these injured persons may have grounds to seek damages from the responsible party.
Suppose you’re dealing with an unexpected injury. You may wonder what types of cases personal injury lawyers handle and whether you can seek damages for your injuries. Let’s look at the types of cases personal injury lawyers handle and how personal injury attorneys help victims seek justice.
Motor vehicle accidents
Motor vehicle accidents (MVAs) affect millions of people each year. In 2020 alone, MVAs sent more than 2 million people to emergency rooms for medical care and claimed more than 40,000 lives. Personal injury attorneys handle several types of MVAs, and the nature of the MVA could impact their investigation and how they determine who’s at fault.
Car accidents
There were over 349,000 car accidents in Florida in 2020, involving more than 569,000 drivers. Car accident victims can suffer injuries including broken bones, lacerations, organ damage, spinal cord injuries, and traumatic brain injuries. Those who fully recover may still need months to years of medical treatment.
Accident victims may incur unexpected medical expenses, lost wages, personal care costs, and other expenses because of their injuries. They may seek compensation for these costs and damages for trauma, pain and suffering, and other emotional and personal suffering caused by their accident.
Florida car accidents claimed more than 3,300 lives in 2020. In these cases, the decedent’s family members may seek damages through a wrongful death suit.
Commercial truck accidents
Commercial truck accident victims can seek damages from the responsible party. These cases can be more complex than car accidents because they involve company vehicles and employees. Personal injury lawyers can subpoena company maintenance records and other documentation to determine whether the company followed industry protocols and maintained vehicles properly. The vehicle owner may be liable in cases where the company forced drivers to work excessive hours without breaks or failed to perform routine maintenance.
Motorcycle accidents
Motorcycle laws can impact accident cases. Hiring an experienced motorcycle accident attorney ensures you receive representation from someone familiar with local motorcycle laws and how they can apply to your case.
Pedestrian accidents
Pedestrians are among the most vulnerable people in accidents on or near roadways. With no vehicle to absorb the impact of a crash, pedestrians are more likely to suffer incapacitating injuries. Pedestrian accident attorneys know how pedestrian laws can support a claim against a negligent driver.
Bicycle accidents
Bicyclists often share the road with motorists. Like pedestrians, they’re vulnerable because they don’t have a vehicle to shield them if they’re in an accident. Bicycle accident attorneys fight for bicyclists to receive compensation for injuries and related expenses.
Dog bites
Dog bites can inflict severe physical and emotional trauma on victims. Dog bite attorneys use state laws to support claims against dog owners when their dogs cause harm.
Slip-and-fall accidents and premises liability
Millions of people need medical care for slip-and-fall injuries annually. Slip-and-fall accident victims may suffer a range of injuries from bruises to traumatic brain and spinal cord injuries. Severe injuries may result in death, which can be grounds for a wrongful death lawsuit.
Slip-and-fall accidents may qualify as premises liability claims if a person slips and falls on another person’s property. Suppose you go to the grocery store that is dealing with a plumbing leak. The store staff doesn’t attempt to mop up excess water on the floor or put out wet floor signs. You slip and fall and need medical treatment. The store may be liable for failing to ensure the safety of those on their premises.
Premises liability cases also involve situations where a property owner’s failure to maintain their property causes a person’s injuries or death. Suppose your neighbor knows they have a diseased tree in their yard, and the tree needs to be taken down before it falls. They don’t have a professional come to remove the tree, and the tree falls and hits your home during a windstorm. One of your family members is struck by the tree and needs medical care. You could pursue a premises liability claim to recover property damage, medical costs, and compensation for other damages related to this incident.
Product liability, defective drugs, and defective medical devices
Ideally, consumers should have confidence that the products they buy are safe. Product manufacturers should provide warnings of potential hazards and side effects and clear instructions to ensure consumers use products safely.
Harm from defective products can be grounds for a legal claim if the company failed to complete appropriate product testing, warn consumers of potential hazards, or provide clear directions for safe use.
Personal injury lawyers also help individuals suffering unexpected side effects from prescription medications or medical devices.
Medical malpractice
Patients should receive appropriate care from medical facilities and professionals. When a facility or professional fails to deliver the expected standard of care, they may be guilty of medical malpractice. Personal injury attorneys help medical malpractice victims seek justice when medical professionals provide the wrong diagnosis, fail to order standard medical tests, dismiss the victim’s symptoms, or make errors during treatment. Medical facilities may be liable if they fail to maintain a safe facility or hire unqualified staff.
Workers’ compensation and workplace accidents
Workers’ compensation covers some employee expenses when they suffer work-related injuries. Some workplace injury victims can sue their employer if workers’ compensation doesn’t cover their injuries. A workers’ compensation attorney can help determine who’s responsible for damages and fight to get you the compensation you deserve when you’re injured at work.
Assault and sexual assault
Pursuing a criminal conviction against perpetrators of assault and sexual assault doesn’t provide compensation for the personal expenses and toll their victims suffer. Personal injury attorneys help assault and sexual assault victims seek financial compensation from the responsible party.
Child sexual abuse
Like victims of assault and sexual assault, child sexual abuse victims can seek financial compensation through a personal injury lawsuit against their abuser. Personal injury lawyers prepare legal claims and fight for these victims to receive damages from their abuser.
Nursing home abuse and neglect cases
Elderly persons often require care in a skilled nursing facility. When nursing homes abuse or neglect residents, the residents can suffer severe injuries, such as bedsores, which can lead to infection and death.
The personal injury claims process
Personal injury attorneys use their expertise and investigative skills to help victims pursue claims.
Expertise
Your personal injury attorney justifies your claim using local laws and case precedents. They’ll help you calculate the damages you should seek, ensuring you consider all justified expenses and the personal impact of your injuries for maximum compensation.
Your attorney will ensure all paperwork is prepared and filed and that defendants are served per court requirements to ensure your case proceeds. They will also perform the following tasks:
- Reviewing insurance policies: Insurance policies can be complex and may affect your legal claim. Your attorney will review applicable policies while preparing your claim.
- Negotiating with insurance companies: Insurance companies try to minimize expenses when their client is responsible for someone’s injuries. Your attorney negotiates with the insurance company to reach a fair settlement.
- Representation in court: Your attorney will present your case in court if they can’t reach a fair settlement
Investigative skills
Your legal team will handle the following tasks while preparing your case:
- Collecting evidence: Your legal team will retrieve security and dash cam footage, police reports, and other evidence to support your claim
- Interviewing witnesses: Your attorney will locate and interview witnesses and use supporting testimony to build your case
- Expert witnesses: Calling expert witnesses can establish legal grounds for some claims. For example, medical professionals can establish an expected standard of care a patient should receive. This testimony can be used to prove that a medical professional failed to meet that standard, and is guilty of medical malpractice.
Let our expert personal injury lawyers help you
When you hire Jack Bernstein, Injury Attorneys, you receive expert legal services from a team with decades of experience representing personal injury victims. We are ready to fight for fair compensation when you suffer harm because of another party’s negligence. We provide free consultations and take payment only when we win your case. You never have to pay any upfront legal costs until you receive compensation.
Sources:
Accidents or Unintentional Injuries. (2023).
Florida Traffic Crash Facts Annual Report 2020. (2021).
Keep On Your Feet—Preventing Older Adult Falls. (2023).
Transportation Safety. (2023).