Bagen Law Firm | November 2, 2022 | Uncategorized
Common Cases Personal Injury Lawyers Handle
When you are enjoying quality time with your family, working at your job, or getting some errands done, the last thing you expect is to be harmed by another person. However, that is the reality for many people. Whether it is because of the change in weather, the number of people on the roads, or a lack of paying attention, there are other parties whose negligence can cause serious harm to you or your loved ones.
Suffering an injury in a personal injury accident can affect every aspect of your life. Your ability to work, enjoy your favorite hobbies, or even spend quality time with your loved ones can be affected by your injuries. When these injuries take a serious financial and emotional toll on your life, you deserve compensation. Learn more about your legal options and how to go about filing a claim with the help of a personal injury lawyer today.
What Are Personal Injury Cases?
A personal injury accident is an accident that occurs when one person’s wrongful actions cause harm to another person. The harm caused by this type of accident can cause the victim to experience a certain amount of damage. These damages include medical expenses, lost time from work, pain and suffering, property damage, and even funeral expenses. When you have suffered a severe injury from your accident, you have the right to sue the negligent party for your injuries. The financial compensation you receive in your lawsuit should cover the costs of your losses.
Damages From Personal Injury Accidents
Because each personal injury accident is different, the damages you sustain will differ. However, most personal injury victims sue for medical expenses, one of the most expensive damages. Receiving medical care for your injuries can easily become costly. It is very common for personal injury victims to experience medical debt after failing to continue to financially sustain their medical expenses. Even if you are still fortunate to be working after your injury, the recovery process may cause you to take additional time off.
Types of Accidents That Can Leave You Injured
When you want to sue for the damages from your accident, you must understand the type of claim you need to file. You can file a claim for various types of personal injury accidents. These personal injury accidents include:
Car accidents are one of the most common personal injury accidents in the United States. Many factors lead to car accidents. One of the common reasons is the increase of cars traveling on the roads. The number of accidents increases during the warmer seasons when more drivers travel on the roads.
Another common reason for the increase in car accidents is driver negligence. Drivers can seriously harm other motorists and themselves when they fail to obey traffic laws and signals.
All of the negligent actions that drivers engage in make them legally liable in an accident, including:
- Aggressive driving
- Drunk driving accidents
- Driving while drowsy
- Failing to properly maintain a vehicle
- Rollover Accidents
- T-Bone Accidents
- Sideswipe Accidents
- Failing to yield the right of way
- Distracted driving
Another type of personal injury accident is a truck accident. Truck accidents are some of the most catastrophic accidents you can be involved in. Similar to a car accident, a truck accident regularly happens due to another driver’s negligence. However, the size and weight of a truck make the accident even more fatal. These characteristics of the truck place additional impact on the smaller vehicles, causing more harm and injury to the drivers. Some truck accidents lead to instant death for other motorists, like rear-end collisions and rollover accidents.
Motorcycle accidents are another type of personal injury accident. Car and truck drivers do not always properly look out for motorcycles, which often leads to motorcycle accidents. Motorcycle riders who suffered an injury from the negligent acts of other motorists can file claims against negligent drivers for motorcycle accidents.
Motorcyclists have a greater chance of suffering severe injuries in collisions than other motorists, so a successful injury claim can be critical. A motorcycle rider is one of the most vulnerable motorists on the roads. Unlike a car or a truck, there is a substantial lack of protection around the motorcycle. When a motorcycle rider gets struck by another car, they are more likely to endure most of the crash’s impact. In addition to the motorcycle rider’s body, the motorcycle may endure significant damage.
Wrongful Death Accidents
A wrongful death accident is an accident that can apply to multiple personal injury accidents. A wrongful death accident is an accident where another person’s wrongful actions lead to the death of a victim.
A wrongful death accident allows the victim’s survivors to sue for their loved one’s damages. Wrongful death lawsuits allow the victim’s loved ones to hold the negligent parties legally liable for the injuries that their actions caused their loved ones. In addition to medical expenses and lost income, the survivors can sue for funeral expenses and the loss of an inheritance.
Slip and Fall Accidents
Another common personal injury accident is a slip and fall accident. A slip and fall is a type of premises liability accident. When victims of slip and fall accidents suffer severe injuries, they can sue the property owner for their injuries. There are many dangerous hazards on a piece of property that can cause a person to slip, trip, or fall.
These hazards include torn carpeting, uneven tiles, uneven flooring, worn-down stairways, and missing handrails. All of these hazards must be addressed by the property owner, or the property owner will be responsible for the resulting injuries.
Brain injuries are one of the most concerning injuries that you can experience from a personal injury accident. If the personal injury accident is serious enough, it can cause you to suffer serious cognitive impairments for the rest of your life. Brain injuries happen when a significant force causes trauma to the head or brain.
Car accidents, truck accidents, slip and fall accidents, and motorcycle accidents are just some of the accidents that can cause brain injuries. A person’s cognitive abilities are often never the same after surviving a brain injury. Simple tasks such as concentration, memory, and decision-making can be significantly more challenging following an injury.
Like car, truck, and motorcycle accidents, pedestrian accidents are increasing nationwide. Pedestrian accidents are accidents where another motorist causes serious harm to a pedestrian. Often, these accidents occur due to the driver’s negligence.
The driver might have failed to yield the right of way and struck a pedestrian while crossing the street. The driver might have been distracted and hit a pedestrian walking in the parking lot. When drivers fail to practice their duty of care to pedestrians, the injured pedestrians have the right to file a pedestrian accident lawsuit.
Similar to pedestrians, cyclists sharing the roads with other motorists can become seriously injured. Bicycle accidents happen for the same reasons as pedestrian accidents: driver negligence.
Like motorcycle riders, bicyclists are the party who will take on most of the impact from a crash with a car or truck. Drivers can hit bicyclists when distracted, under the influence, or not paying attention to the cyclist’s movements. Although cyclists have the right to ride in the bike lanes, drivers fail to notice the cyclist’s presence and hit them while riding.
Another common personal injury stems from medical malpractice. Medical malpractice happens when a medical professional’s negligent actions deviate from the required standard of care they must show their patient.
Medical malpractice incidents are more common than the general public believes. Some common medical malpractice acts include surgical errors, misdiagnoses, prescribing incorrect medications, failing to diagnose a condition, and failing to properly follow up with a patient. Patients seriously hurt by a medical professional’s negligence can file a lawsuit against the professional or the healthcare center itself.
A toxic tort is a claim you can file when you have experienced serious injuries after being exposed to toxic substances. Toxic substances can cause serious health effects to people that have experienced exposure.
Some examples of toxic substances include asbestos, carbon monoxide, gasoline (when ingested), and pesticides. Exposure to these substances for a long period can develop serious conditions like cancer, drowsiness, unconsciousness, or even death. When you have suffered harm due to dangerous substances at work or by another negligent party, you deserve to sue those parties for the medical expenses related to your condition.
How a Personal Injury Lawyer Can Help Your Case
Whether you are the victim of a motorcycle accident or a medical malpractice accident, your accident is unique. Certain aspects of your accident can increase the amount of compensation you can receive.
If your injuries from your accident are severe and there is little chance of a full recovery, you can obtain greater compensation. However, the insurance companies—responsible for providing your compensation—will do everything in their power to prevent you from being paid out. This is where a personal injury lawyer comes in.
Assisting With Your Lawsuit
The defendant of your accident will use several resources to cast doubt on the validity of your injuries. You need a personal injury lawyer on your side who can help defend you against the insurance company’s arguments and tactics. A personal injury lawyer can help with different aspects of your lawsuit, especially in the beginning.
If you are still recovering from your injuries and have difficulty meeting to discuss your case, your lawyer can file your lawsuit on your behalf. Instead of worrying about whether all of the appropriate information is part of your claim, your personal injury lawyer can fill in the necessary information.
Estimating Your Damages
Your personal injury lawyer can also provide an accurate estimate of your damages. Although insurance companies use a certain method to calculate your damages, insurance adjusters always search for ways to lowball you. You cannot rely on them to be honest when calculating your damages. Your injury lawyer can use a credible method and calculate the amount of compensation you deserve for your damages.
Negotiating a Possible Settlement of Your Case
Another way that a personal injury lawyer can help you is by using their knowledge and experience to settle your case. Many personal injury accidents result in a settlement; however, this is not always beneficial to the plaintiffs. Insurance companies often suggest low and barely enough settlement offers to cover your true expenses.
Your personal injury lawyer can negotiate against insurance adjusters and justify why you are due a greater amount of compensation. If the insurance adjusters are trying to lowball you, your lawyer can stop them in their tracks and maybe request additional compensation on your behalf.
Represent You at Trial
The last type of legal service your lawyer can provide is ironically the first service that comes to many people’s minds. Your injury lawyer can represent you in court should your lawsuit progress to trial. While many personal injury accidents result in a settlement, they can proceed to trial if the insurance adjusters do not want to come to a mutual settlement with you.
You want to work with a personal injury lawyer who is not afraid to take your case to trial. Allowing your case to go to trial can sometimes lead to the amount of compensation you want. Insurance adjusters are more open to settlement agreements when your lawyer is ready and willing to go to trial.
Speak With a Personal Injury Lawyer Today
When you have been the victim of a personal injury, you should not allow the negligent parties to get away with causing you harm. You have important legal rights, but no one else will automatically uphold them for you. Instead, you must take proper action to protect yourself.
Contacting an experienced personal injury lawyer can help you fight for your deserved compensation. The sooner you speak with an attorney, the sooner you can begin the process of filing a claim, which you must do within a short period, or else you might lose the chance of recovering compensation.