There are many types of personal injury cases that require the help of a lawyer; here are the most common.
Many people are familiar with stories of people obtaining an injury settlement following an at-fault car accident, or after slipping and falling inside of an unkempt grocery store. Some other types of personal injury claims can go unexplored.
The following are some specific types of personal injury cases and compensation areas that victims will want to consider pursuing.
The Most Common Types of Personal Injury Cases:
These cases often result in a loss of compensation that could have been utilized to ease some of the burden of physical and emotional pain, lost wages, and high medical bills. Because of this, it’s important to contact a lawyer after an injury.
The most common types of personal injury cases that require a lawyer include:
- Construction site accidents
- Brain injury accidents
- Dog bite injuries
- Product liability or Product Defect Injuries
- Construction Defect Accidents
Here’s what to know about these types of personal injury cases.
Construction Site Accidents
One area for potential injury arises during the actual construction of a building. Work building sites are chock-full of hazards, and both workers - and bystanders - can be devastatingly injured while on, or near, the job.
Common areas of hazard include:
- Falling debris
- Compromised machinery
- Slippery surfaces
- Electrical exposure
For those who are injured during the course of construction employment, a personal injury lawsuit may be more appropriate than seeking damages through workers compensation.
Brain Injuries After Accidents
The problem of traumatic brain injury - or TBI - continues to be a focus in our nation. Our state governments have been enacting laws to address the impact of TBI since as early as 2009.
Following the high profile case of a young football player taking his own life in 2018 after receiving brain injury, the public has become even more aware of the long-term dangers that such an injury can entail. Brain injury can result in permanent changes to behavior and mood, and can even alter a personality.
The existence of traumatic brain injury is usually established in the event of unconsciousness or coma. Doctors will utilize a scale to determine the severity of the immediate trauma. There is a difficulty with this establishment of severity, however, as some people do not fall unconscious, or do not even realize that such an injury has occurred.
This can present a problem for those eventually seeking compensation. Most statutes of limitations involving seeking of a legal claim expire two years - or less - after the initial event. For those who suspect that an accident may have impacted the brain, it is recommended that a personal injury attorney be contacted for consultation as soon as possible.
Dogs can be our best friends, but they are also equipped with teeth that can be deadly. When a dog is unfamiliar with a person - or has been trained to be aggressive - that loving animal can become our worst nightmare.
Over 4.5 million Americans are reported as being the victims of dog attacks, annually. California dog bite claims, in particular, accounts for nearly 500 of those occurrences. The Centers for Disease Control and Prevention (CDC) reports that 20% of all of these dog bites require medical intervention.
When the dog in question is not our own, there is the potential for filing a lawsuit. In some cases, it is enough to settle the matter one-on-one, or to pursue compensation through small claims court.
In the event that the injuries are severe - or the compensation sought is in excess of 10 thousand dollars - it is beneficial to find a dog bite injury lawyer.
Product liability refers to the obligation that a manufacturer holds in ensuring that a purchased product is free from harmful defects. Due to a law known as strict liability, the victim of a defective product does not have to prove that the manufacturer was negligent in practice.
This means that users of the item do not have to demonstrate that specific measures were taken, by themselves, to prevent the injury. Though, of course, the plaintiff does have to prove that the item wasn't purposefully misused or tampered with.
The three areas of defect which can be affected are:
- Manufacturing: the injurious item contains a random flaw which occurred during production
- Design: there is a fundamental problem with the product at large. Therefore, several people are likely to be injured when using the product
- Marketing: the manufacturer has failed to adequately warn consumers about known, potential, risks of injury
Injury that is caused by failures to maintain the integrity of a building has its own category, known as construction defect.
This defect refers to the myriad of construction areas which the property owner is expected to ensure does not fail, thus resulting in injury for the property user. Some items which can lead toward litigation for causing injury include:
- Movement of the property soil
- Ungrounded electrical and leaky plumbing
- Foundational or framework failure
- The existence of asbestos, lead, or mold
The types of damages that can be sought for injury related to construction defect depend on the extent of the injury, as well as on whether the injured person rents, or owns, the property. There are two types of cases for this suit: patent and latent.
- Patent scenarios: the risk for injury was immediately obvious
- Latent scenarios: the defect which eventually leads to injury has not been discovered until long after the building was constructed
Construction Defect Negligence
The statute of limitations on filing a patent claim in California is four years. The statute for filing a latent claim is 10 years following the initial construction of the building. When seeking damages for an injury related to construction defect, it is recommended to consult with attorneys who are specialized in the area. Otherwise, potential compensation may be overlooked.
In the case of injury, the company responsible for the work site can be sued for negligence, intent, or recklessness.
- Examples of cases of negligence are those which occur when the company has failed to institute best practice in regard to safety measures, or has failed to provide an adequate employee handbook for workers.
- Recklessness can be the case when an employee is operating while under the effects of drugs or alcohol. It could also include misusing equipment.
- Intent may be established if it is found that the job site supervisor has ordered employees to engage in practices which are known to be hazardous.
Regardless of the cause of your injuries, compensation is needed to move forward.
Whether construction site accidents, brain injury accidents, dog bite injuries, product liability, or construction defect, or other causes, there is help.
These types of personal injury cases can drastically change your life, and you are entitled to reimbursement.