subject: Types Of Personal Injury Cases [print this page] Personal injury law, also referred to as tort law, allows a harmed individual to hold the negligent party accountable for their injury. Injury and accident law is a broad category of the law, which is why many attorneys will focus on personal injury to truly become an expert. With all personal injury cases, the damaged party will need to prove that their injury was caused due to another person or companys negligence or malicious intent.
The following is a breakdown of the various personal injury cases we see most often.
Motor Vehicle Accidents - This is one of the most common types of personal injury cases in the U.S., with over $100 billion spent on medical bills and productivity losses. Any accident that involves two or more vehicles will have an at fault driver. There are 12 no fault states, where the driver collects damages from their own insurance provider no matter whose fault the accident was, unless there were very serious injuries.
Slip and Fall - While the name may sound harmless or comical, slip and fall injuries have accounted for an average 17,000 deaths a year in the United States. Businesses and landowners with high traffic are held most responsible and are encouraged to either fix any potential hazards or to make their patrons aware of the danger. When an owner takes no action to protect their patrons or guests, they are proving their negligence.
Medical Malpractice - Medical malpractice occurs when any healthcare professional provides less than standard care to their patients. This is usually determined by comparing their actions to those of a reasonable health care provider with a similar background and experience. Typical cases include a misdiagnosis or administering the wrong kind or dosage of medication.
Dog Bites - While this category applies to any pet attack, dog bites are by far the most common accident involving pets. In most cases the owner is responsible for the damage, but it does vary from state to state. If the owner knew of the animals aggressive behavior or if the animal was not leashed, the owner can be deemed negligent. In most cases the owners homeowners insurance will cover the costs, whether the accident occurred on their property or not.
Defamation of Character - Many people are surprised to find that defamation falls under the personal injury category. Even though the victim is not physically harmed, their reputation and futures earnings can be damaged. An average person will only have to prove that a defamatory statement was made, and that there was a financial loss because of it. With celebrities and public figures, however, they will need to prove actual malice. Since celebrities are constantly in the public eye, it must be determined that the defamatory statement was made with reckless abandon for the truth or to intentionally harm the victim.
