What Is Considered a Personal Injury Lawsuit?

Some injuries can result from our faults, and other injuries can result from negligence, recklessness, and misconduct of other people or entities. A personal injury lawsuit helps an injured person to get justice from the party whose action or inaction caused the injury. A personal injury lawyer helps with negotiations and litigations while you recover from the injury. If you have experienced bodily, emotional, or mental agony due to the negligence or incompetence of another entity, there might be grounds for filing a personal injury lawsuit.

Common Events That Cause Personal Injury Lawsuits

If you or your loved one has been injured, it’s critical to contact a lawyer, as they help you understand the legal aspects of your case. You might be tempted to go it alone, but it’s proven that having a lawyer is an important factor in filing claims and getting reimbursed. You can check out Ozeri Law Firm Injury & Accident Lawyers to get assistance on negotiating a settlement or starting a personal injury lawsuit. The following are some of the instances where you may file personal injury lawsuits:

Road Traffic Accidents

Road traffic accidents make up the bulk of personal injury claims made in the US. Whether you are a driver, passenger, or a pedestrian, if you are involved in an accident resulting from someone else’s negligence, these are grounds to instigate a personal injury lawsuit. Drivers who are reckless, ignore traffic rules, and drive under the influence of alcohol or drugs, usually cause accidents, and the victims are entitled to damages.

Public Place Negligence

Sometimes we might suffer injuries while in public spaces like malls or gyms. For instance, if the mall has a slippery floor and you lose your footing and fall, the failure to put up a warning sign might count as negligence. As a result, you could file a personal injury lawsuit against the owner of the business.

Workplace Accidents

The degree of injuries that people suffer while at work usually depends on the workplace environment. For instance, if a bank clerk slipped up and fell, they might just sprain their ankle. But a factory worker involved in a machine accident can suffer severe injuries. If an accident happens at the workplace, and the accident results from poor working conditions or the fault of a supervisor, these are sufficient grounds to file a personal injury lawsuit.

Medical Malpractice

The medical profession is held to high standards because lives are involved. If you develop health complications due to the negligence or misconduct of a medical professional, a legal cause of action may be taken by the injured person. Medical malpractice typically arises from errors in diagnosis, treatment, and health management.

Product Liability

Companies are required to adhere to high standards when making their products. However, if a company or a distributor for some reason supplies the public with defective products, and the consumers end up suffering injuries, you can take a legal cause of action to seek damages. In some instances, the manufacturer, distributor, or both may be sued.

Defamation Claims

Personal injury law doesn’t cover only physical injuries. When someone spreads false and damaging information about you, the effects can be emotionally and mentally injurious. For instance, public figures are especially susceptible to defamation. Someone with malicious intent can spread false information about them to discredit them and injure their reputation. And so, the victim has the right to file a personal injury lawsuit and seek relevant damages.

How a Personal Injury Case Works

The incidents that constitute personal injury are hugely varied. But the following is the standard flow of events leading up to the start of a personal injury lawsuit:

  • Injury: the action or inaction of the defendant causes the plaintiff to experience an injury.
  • Breach of legal duty: the plaintiff determines that their injuries could have been avoided if the defendant had observed their legal duties. The plaintiff typically concludes that the defendant was negligent, incompetent, or engaged in misconduct.

Settlement negotiations: if the defendant agrees that they had breached their legal duty, and as a result, caused the plaintiff injuries, the defendant or their insurance company may wish to settle the matter out of court. If the plaintiff agrees to the settlement, that’s the end of the matter, but if not, the plaintiff may proceed to court and file a personal injury lawsuit to compel the defendant to pay damages.