If another person’s wrongful action causes you harm, you deserve more than a simple “I’m sorry.” In truth, you deserve compensation for your medical bills, lost wages, and the pain and suffering you had to endure.
Even though, many times, a personal injury may be minor, leaving you with a few bumps and bruises. In some cases, these personal injuries can be quite serious and life-altering. Impacting not only every part of your emotional and physical well-being but affecting your family’s life as well. That is why when you have suffered a personal injury at the hands of someone else. You deserve to get the legal help you need, the answers you want, and fight for the justice you deserve.
Personal Injury Law- What Is It?
Personal injury law allows an individual who has been injured in an accident to file a lawsuit and get a legal remedy for all damages stemming from that accident. In general, the purpose of a personal injury lawsuit is to compensate the injured victim financially or make them “whole” following an injury due to another person’s intentional or negligent actions.
The Basics of Personal Injury Law
Personal injury law covers a wide variety of situations and injuries. As a result, personal injury rules typically apply to the following cases:
- Intentional Acts: These acts occur when a defendant intentionally causes harm to another person. For instance, in an assault and battery.
- Accidents: Accidents typically result when a defendant acts in a negligent manner, and their carelessness causes harm to another individual.
- Defective Products: When a product (consumer goods, vehicle parts, medical devices, or pharmaceuticals) is unreasonably dangerous or defective and causes harm to those that use it, the victim injured by this product can file a product liability lawsuit against the manufacturer.
- Defamation: When an individual makes defamatory statements that cause another person harm, personal injury laws apply.
Common Types of Personal Injury Accidents
Even though personal injury is a broad field of law that includes many unique injuries, there are certain personal injury cases that are relatively common. They include:
- Automobile Accidents: When an individual (including motorists, pedestrians, or passengers) is injured in a car accident, they can seek compensation for their injuries and financial losses.
- Product Liability Accidents: When a person is injured because of defective products or improper warnings, they can seek compensation for their injuries. These harmful products can include everything from dangerous drugs, consumer products, defective car parts, medical devices, chemicals, and toxic materials. Those that can be held accountable for these defective products include manufacturers, businesses, governmental entities, or other individuals who sold, designed, or marketed the dangerous products.
- Medical Malpractice Accidents: Medical malpractice cases deal with injuries that result from a doctor’s inappropriate treatment or a doctor’s negligence. Typically, in order to have a medical malpractice case, you would need to show that the doctor has broken a rule or taken inappropriate, incorrect, or negligent actions when treating a patient. Medical malpractice cases often include surgical errors, medication mistakes, improper treatments, misdiagnosis, birth injuries, pharmacy errors, and a failure to diagnose cancer or other serious health conditions.
- Premises Liability Accidents: When an accident is caused by a defective or dangerous condition on another person’s land, this is referred to as premises liability. These accidents can occur on commercial properties, including grocery stores, bars, malls, and restaurants, as well as in private homes. In general, the dangerous conditions that often rise to a “premises liability” claim include slipping and falling, falling down a set of stairs because of faulty handrails, or ice and snow conditions.
- Wrongful Death Accidents: Wrongful death cases involve an individual’s death because of another party’s negligent actions. As a result of these actions, the deceased’s family can pursue compensation for their losses.
- Workplace Accidents: If an individual is killed or injured while working for their employer, they usually cannot bring a personal injury lawsuit against their company. This is because most employees need to file a claim under the Worker’s Compensation Act, which requires employers to provide their injured employees certain types of benefits. However, depending on the circumstances, a third-party personal injury claim may be filed. That is why it is best to discuss the situation with an experienced personal injury attorney to determine what legal actions you can pursue.
- Construction Accidents: These accidents occur when an individual sustains injuries or damages because of endeavors to improve, build, repair, demolish, clean, or construct. Usually, employees cannot sue their employer for on-the-job injuries. However, in certain construction cases, the contractor, manufacturer, or even the premises’ owner may be found liable for a construction site accident.
- Pedestrian Accidents: Pedestrian accidents are any accident that involves someone on foot being injured by another force, such as an accident involving a car or bicycle and a pedestrian.
- Bicycle Accidents: Cyclists often face numerous risks and hazards, which can result in deadly accidents. For instance, negligent motorists can put bicyclists in dangerous situations on the road resulting in catastrophic injuries.
- Public Transportation Accidents: These types of accidents typically involve accidents involving buses, trains, subways, taxis, and airplanes. Sadly, because of the number of people involved in these public transportation accidents. They can end up being quite devastating, often leading to significant injuries and multiple deaths.
Common Types of Injuries Resulting From a Personal Injury Accident
Depending on how the accident occurred or what happened, injuries resulting from this accident can range in type and severity. Yet, some of the most common types of personal injuries include the following:
- Traumatic Brain Injuries: The CDC defines these traumatic brain injuries as a disruption in the normal functions of the brain that are caused by a blow, jolt, or bump to the head, or a penetrating injury.
- Head Injuries: These injuries involve any injury to the skull, scalp, or brain, and the effects can range from mild bruising to traumatic brain injuries and concussions.
- Neck and Back Injuries: Those with a neck and back injury can have localized tenderness, stiffness, and pain. Often, muscles on either side of the spinal column can spasm immediately after the injury and up to 24 hours later. In addition, tingling, numbness, or paralysis can occur when the injuries are more serious.
- Spinal Cord Injuries: Spinal cord injures can often result from damage to the ligaments, discs, or vertebrae in the spinal cord or the spinal column. They can stem from a sudden and traumatic blow to the spine that often compresses, crushes, or fractures one of the vertebrae.
- Burn Injuries: Burns result in damage to the tissue and often develop from overexposure to the sun, heat, radiation, or other chemical or electrical contacts. Burn injuries can be minor to life-threatening, depending on the wound.
- Paralysis: A paralysis is often defined as the inability to move, control, or feel anything in part or most of the body following an illness or an injury.
- Amputation: An amputation is the removal of a limb by trauma or medical illness.
- Broken or Fractured Bones: A broken bone, also referred to as a fracture, occurs when a break goes through part or all of the bone. Causes can range from trauma, diseases, or overuse and the main symptoms include pain or a loss of functionality.
- Internal Bleeding: Internal bleeding occurs when there is bleeding inside the body, usually in the belly cavity, chest cavity, or muscles, because of some significant trauma.
- Deep Lacerations: These lacerations are deep cuts in the skin or flesh and result from blunt trauma.
Why You Need an Experienced Personal Injury Attorney On Your Side Following a Personal Injury Accident
Personal injury cases are not only extremely complicated, but they also require detailed evidence, solid arguments, and a good understanding of the state’s laws. For many, the process of bringing a personal injury claim can be tedious and daunting. However, when you retain an experienced personal injury lawyer, you do not have to go through this difficult process on your own. These attorneys can:
- Answer any concerns or questions you have while providing you with the legal options you can take.
- Investigate the accident thoroughly, gathering critical evidence, and interviewing relevant witnesses that can help prove liability and fault.
- Handle negotiations with the insurance or the defense, ensuring your case is treated fairly.
- If the insurance or the defense is unwilling to negotiate, take your case to trial and fight for maximum compensation.
If you have been injured in a personal injury accident. Do not wait any longer. Contact the law firm of Chaikin LaPenna today, and let us fight for you and your rights.
No Fees Until We Win.
Please call us at (212) 977-2020 or fill out the form below to get started.