Different Types Of Personal Injury Laws
What are Personal Injury Lawsuits?
A Philadelphia Personal Injury Lawyer will protect you if you were injured at no fault of your own. Personal injury lawsuits are legal cases that arise when a person suffers injuries from an accident as a result of someone else negligence or fault. Personal injury cases are formal when the injured person moves to a civil court and files a lawsuit to prove that the accused person was at fault. However, not all personal injury cases are resolved in courts. Some personal injury disputes settle before a lawsuit occurs.
Unlike the criminal lawsuits that are usually initiated by government, personal injury lawsuits are generally undertaken by a private citizen (the plaintiff) when he/she files a civil complaint against the defendant (can be private citizen, government agency, corporation or business entity) alleging that they acted irresponsibly or carelessly in connection with injury or accident that caused harm. However, the two parties (plaintiff and defendant) can agree to solve the dispute out of court. In this case, the settlement will take place in the form of negotiation, and they can choose to resolve the issue at hand via payment that as agreed by both parties.
In personal injury lawsuits, the plaintiff usually has a limited timeline to file a personal injury lawsuit. The amount of time dictated by the statute of limitation usually begins when the petitioner is injured or discovers the injuries. Unlike criminal cases that are generally governed by law, personal injury law as traditionally developed via court decisions. However, some states have taken extra steps to follow the guidelines of personal injury laws. However, the court decision remains to be the primary source of legal lawsuits arising from injury or accidents.
A Philadelphia Personal Injury Lawyer Can Protect You In the following situations;
It is essential to note that the term personals injury law is a general term covering several cases. In this article, we are going to dwell deeper on different types of personal injury laws.
1. Medical malpractice
In the unfortunate scenario where a physician or any other professional in the medical field fails to provide proper medical care to the patient resulting in injuries, then that is referred to as medical malpractice. This is a serious situation which requires a Philadelphia Personal Injury Lawyer.
However, the complexity of this personal injury lawsuit usually differs from one patient to another depending on the injury that the patient is suffering from and the primary cause of the injury. If the harm that the patient has succumbed to was a direct caused as a result of negligence by the healthcare professional, then the outcome of the lawsuit will be more severe.
Medical malpractice usually refers to a mistake or negligence in treatment. When building the lawsuit, expert testimony is generally needed to confirm and verify the validity of the evidence presented. The patient could have a strong case if there were a wrongful diagnosis If he/she got treated against his/her wish. If the physician failed to inform the patient of the procedure, or if there was a lack of informed consent.
If an individual or entity is found guilty of medical malpractice, the following judgment may be issued. First, the court can compel the defendant to pay the accused a certain amount of money to act as compensation for damaged caused. The court can also, withdraw or suspend the license of the practitioner found guilty, give cautionary statement, fine or offer jail terms.
2. Dog Bites
When it comes to personal injuries caused by animals, dog bites are the most common. It is crucial to note that rule guiding personal lawsuits caused by dog bites vary from one country to another and from state to state.
However, it is agreed universally that the person who is held liable in case a person is injured as a result of dog bites it is the owner of the dog regardless of whether the dog has proved to be aggressive in the recent past or not. If the court demonstrates that the dog has a history or being aggressive to humans and even giving bites that cause serious injuries, then the verdict that the court will issue will be more severe to the owner.
When it comes to deciding the responsibility that the dog owner will take as a result of a dog bite, the court will investigate to determine if the dog acted because it was provoked or not. If the jury finds out that the dog acted because it was motivated, then the owner will not be held liable for the injury caused by the dog. Therefore, it is up to the accuser to prove that the injury succumbs from dog bite was not as a result of provocation.
3. Car accidents
Auto accidents are without a doubt one of the most common types of cases that a Philadelphia Personal Injury Lawyer handles. Car accident refers to a crash caused by a vehicle including motorcycles, small cars, and trucks. This category also includes the scenario where a pedestrian is injured by a motor vehicle as a result of driver carelessness or negligence in follow traffic laws.
When the accusers file for a car accident lawsuit, he/she must prove beyond reasonable doubt that the accident that was caused was as a result of the defendant negligence or carelessness. If the defendant is found guilty, then he/she will be held liable, and the court will compel him/her to compensate the accuser for damages caused by accident. If the accident caused severe physical injuries or in worse cases death, then the court may offer jail term to the accused.
If an individual says something about you that is false with the aim of damaging your reputation, then you can file for a defamation lawsuit. If a hurtful statement is made in writing later published, then that type of defamation is known as libel. On the other hand, if the hurtful comment was spoken whether in private or public, then that type of defamation is known as slander.
When it comes to deciding the specifics of the case, the court usually takes into consideration the person who has been defamed, the exact place where the statement was made and the reason why that particular person decided to do so. When an accuser files for this type of personal injury lawsuit, he/she must be able to prove that the untrue statement that was made caused injuries (financial, emotional and psychological).
If the person who has been defamed is a public figure or celebrity, then the lawsuit becomes even more complicated because the impact of such a statement has more consequences for them. The accuser must prove that the accused made the untrue statement intentionally. If the defendant is found guilty, then the court may order the person to offer monetary compensation to the complainant.
5. Slip and fall
Slip and fall lawsuits are the second most common type of personal injury cases so make sure you get a qualified Philadelphia Personal Injury Lawyer. Property owners have the responsibility of ensuring that the property is safe. In the instance where the building has something that endangers the lives of people using that particular building such as a slippery floor, the owner is supposed to warn visitors.
If someone else property injures an individual as a result of owner negligence, then the injured person has the right to file for lawsuit and demand compensation for injury succumbed. When determining the outcome of the case, the accuser must prove beyond reasonable doubt that the injury succumbed was as a result of owner’s negligence. Injuries caused by slip and fall can be minor or fatal depending on various factors.
When performing your duties as an employee then you succumb to injuries in your line of duty as a result of negligence on the employer part, then you can file for work-related lawsuit and demand for compensation for injuries causes. Sometime the employer may expose workers to danger that result to injury. For instance, in an employer fails to put property safety measure to protect workers who operate dangerous machines, some Workers can get injured while working. In that case, the injured worker can contact a Philadelphia Personal Injury Lawyer and file a lawsuit and demand compensation
7. Motorcycles accidents
Motorcycles accidents can cause fatal injuries or even death because they have not protection from other vehicles on the road. The main reason why motorcycle accidents have been on the rise is because of over speeding, disregarding the traffic laws and negligence by other drivers. If the injury succumbed by the motorcyclist is a result of other motorist negligence, then the injured person can file for a lawsuit and demand compensation and even arrest of the accused. If you were injured in a motorcycle accident, it is imperative that you contact a Philadelphia Personal Injury Lawyer.
The court will carefully analyze the evidence presented before they make their final decision. If the accident was fatal and resulted in serious injuries the court that sentence the guilty party to a jail term. However, if the injury were mild, then the two parties (plaintiff and defendant) can decide to solve the case out of court before it goes to trial.
8. Truck accident
Over the past few years, truck accidents have been on the rise. The number of road accidents caused by reckless truck drivers has been on the rise. If a ruck has injured you as a result of the reckless driver, you can file for lack accident lawsuit and demand for compensation for damages that you have gone through or even demand arrest of that particular driver. Make sure that you hire an experienced Philadelphia Personal Injury Lawyer.
However, before you present your case in court, you must be sure that you have gathered enough evidence that proves the accused (truck driver) was at fault. That is why it is important is to hire a competent lawyer to represent you in court. A truck accident lawyer will gather enough evidence to ensure that you present a strong case in court. This significantly increases your chance of winning the case and getting decent compensation from the injuries succumbed.
9. Product liability
Product liability claims usually arise when people get injured by the defecting or dangerous product. This product include things like automobile parts, household goods, prescription drugs among many others. some examples of injuries caused by product liability include a
a kid being cut by a toy that has sharp edges or a motorist causes an accident because the accelerator got stuck because of manufacturer defect.
In some cases, a particular product harms many people, the company that has manufactured that specific product are usually forced to recall the product from the market and compensates an individual who has been injured as a result of using that particular product. The verdict that the court will issue when product liability court is presented in court will depend on the evidence presented by the accuser and the extent of damage that the product has caused.
Mesothelioma is a rare but deadly type of cancer that usually develops in the lining of the lungs, heart or abdomen as a result of prolonged exposure to asbestos. It is a preventable type of cancer only if necessary measures and put in place. If you have been exposed to asbestos without your knowledge that resulted in mesothelioma, you can take legal action against that particular asbestos company. Majority of mesothelioma lawsuits usually occur to compensation to the affected person or family of the affected person. If you present enough evidence in court that proves that you are suffering from mesothelioma as a result of negligence from a specific company, the court will compel the accused company to compensate you for damages caused.
If you have been injured as a result of another person negligence or carelessness, then don’t just sit down and let the accused walk away. Take immediate action and talk to Philadelphia personal injury lawyer and will help you file a substantial personal injury lawsuit. Before presenting the suit, the lawyer will first conduct a thorough investigation by reviewing facts, medical records, and the law to make sure that your lawsuit is clearly stated, supported as well as ensure that the case is in line with applicable laws that guide that your particular personal injury case. A Philadelphia personal injury lawyer will use their experience and thorough understanding of the law to ensure that you get decent compensation for injury succumbed. Regardless of whether your case goes to trial or not, one thing that you can be sure of is that you will benefit a lot if you hire the services of a competent attorney to handle your case.