subject: What Is A Personal Injury Lawsuit? [print this page] When the injured person sues in civil court as a result, they are called the plaintiff in a personal injury lawsuit. The person or company they are suing is called the defendant. There are many different types of personal injury cases. Here is a look at some of them.
Auto Accident
Car accidents are one of the most frequent issues leading to personal injury lawsuits. They usually happen when someone fails to follow the rules of the road. It may be something as simple as running a red light or not paying proper attention and hitting another vehicle. When someone is a passenger, they expect the driver of the car they are in to behave responsibly and obey traffic laws. When this does not happen and there is an accident, the party that caused it is held responsible. Sometimes it is difficult to determine who is at fault and liable for medical bills and compensation for temporary or permanent injuries. In other cases, the person at fault has no insurance or denies responsibility for the accident.
Work Injury
When workers follow proper procedures and safety protocols, they should be safe and accident free on the job. Problems arise when equipment is not properly maintained or rules are broken. Employers should take care of medical bills and compensate the worker for time lost on the job. Sometimes this does not happen, and the employee must file a claim. This may result in a workers' compensation suit.
Medical Malpractice
People rely on their doctors and healthcare professionals to provide good medical care. When someone's health is compromised by a failure to diagnose a condition or it is improperly treated, this is considered malpractice. This may be include unexpected complications from an operation or missing a life-threatening problem on a test or x-ray. Just because things go wrong in surgery does not mean it is malpractice. There are risks to every medical procedure. When the standard of care a person can reasonably expect to receive is not met, this is considered malpractice.
Slip and Fall
When someone goes to a business, such as a restaurant or grocery store, they have a right to expect a hazard-free environment. This means they should be able to walk through the establishment without slipping and falling on water, food or obstructions in their path. When there are slip-and-fall hazards, people should be warned to take special care. When this does not happen, the store is responsible for compensating the injured person.
There are many different types of personal injury cases. A lawyer that specializes in them can help someone determine whether or not they have a case. An attorney will also make sure they are treated fairly by the responsible party or insurance company.
by: Christine Harrell
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