Accident & Injury Law

Accidents happen. We hear it all the time and usually chalk it up to bad luck or being in the wrong place at the wrong time.

Sometimes an accident and a resulting injury are somebody's fault. If someone else is at fault for your injuries, shouldn't they have to pay if you have medical bills, missed income, or even worse? There's a large and often complicated area of law that covers accidents, the types of personal injuries they cause, and determining who, if anyone, is at fault.

In this article, you will find in-depth information on legal concepts and issues that apply to almost all tort and personal injury cases, including:

• Theories of legal liability in injury cases
• Time limits for bringing a case
• Rules of economic recovery

From what you should do immediately after an injury to how to protect a personal injury claim settlement, you can find the resources you need below.

Determining Liability

Whether it's a fender bender car accident or a slip-and-fall on an icy sidewalk, if someone is hurt in an accident, someone else might be at fault. Depending on the sequence of events, it is easier to determine the fault for some accidents than for others. Over time, courts and legislatures have created tests for deciding legal liability and how far and to whom it may extend.

Negligence

A lawsuit attempting to prove liability for an accident is known as a negligence claim. The claim is filed by the injured party, the plaintiff, against the party thought to be at fault, the defendant. In order for a negligence claim to be successful, the plaintiff must prove each of five elements:

• Duty: The defendant owed a duty of care to the plaintiff
• Breach of Duty: The defendant breached the legal duty of care
• Cause in Fact: But for the defendant's negligence, the plaintiff would not have been injured
• Proximate Cause: The plaintiff's injury was a foreseeable result of the defendant's negligence
• Damages: The plaintiff has actually been injured and suffered some loss

The law surrounding these elements can be complicated, and the facts may be difficult to prove. The success or failure of a negligence claim will depend on the specific circumstances of the case.

Recovery for Damages

If a negligence claim is successful, the plaintiff will usually be entitled to some amount of damages to compensate for their injuries. The exact amount of damages, for the most part, depends on the losses suffered by the plaintiff and can include the following:

• Medical expenses
• Lost wages
• Replacement or repair of property

As with the success of a negligence claim, damages amounts can vary, subject to the facts of the case and the applicable law in the jurisdiction in which the claim is brought.

Medical Malpractice

Medical malpractice arises when a healthcare provider provides treatment that falls below the accepted standard of care in the medical community. This puts the patient at risk of injury or death. Just like negligence, for a successful claim the plaintiff must demonstrate that the medical professional:

• Owed a duty of care
• Breached that duty
• The breach resulted in injury or harm that the plaintiff can prove

Medical malpractice covers an extensive range of incidents, such as:

• Misdiagnosis
• Surgical errors
• Incorrect medication
• Birth injuries

Victims can suffer severe consequences, including permanent disability or death. To win a medical malpractice case, you'll need to prove that the healthcare provider deviated from the standard of care in their field and that this deviation led directly to your injury or harm. This usually requires the testimony of medical experts.

Wrongful Death

A wrongful death claim is a special kind of personal injury lawsuit. It's made when someone is killed due to another party's negligence or intentional act. The deceased person's surviving relatives, or their personal representative, may file a wrongful death claim to seek financial compensation for their loss, including:

• The deceased person's pre-death "pain and suffering"
• Loss of companionship
• Loss of financial support

Wrongful death lawsuits can arise from any number of circumstances, including:

• Car accidents
• Medical malpractice
• Workplace accidents
• Criminal acts

No amount of financial compensation can make up for the loss of a loved one. However, being financially secure in your future and the comfort of responsible parties being brought to justice can provide a sense of closure and security to survivors.

Product Liability

In cases of product liability, the manufacturer, wholesaler, or retailer of a defective product can be held liable for injuries caused by the product. There are three types of defects that might cause injury and give rise to liability:

• Design defects
• Manufacturing defects
• Marketing defects (failure to warn)

Manufacturers, retailers, and distributors have a responsibility to ensure their products are safe for use. If a product is poorly designed, incorrectly manufactured, or lacks proper warning labels, and someone is injured as a result, they may have a claim. A successful product liability claim requires a demonstration that the product was defective and that this defect caused your injury.

If you're injured by a defective product, preserve the product in its post-accident condition. It will serve as a crucial piece of evidence in your civil lawsuit.

Auto Accidents

Auto accidents are among the most common types of personal injury cases. They usually involve claims of negligence. They might also involve product liability if a defect in one of the vehicles contributed to the accident.

In the aftermath of an auto accident, you may face:

• Medical bills
• Vehicle repairs
• Lost wages
• Pain and suffering

Evidence from the scene, including photos, witness statements, and police reports, will support your claim that the other party was at fault.

Defective Products

Defective products, either due to poor design, manufacturing error, or insufficient warnings can cause serious injuries. In such cases, the manufacturers, distributors, and sellers can be held liable under the product liability law.

In a product liability case, the at-fault party is usually the company that designed, manufactured, or sold the defective product. A product doesn't have to be physically defective to be considered "defective" under product liability law. A product that lacks adequate warnings or instructions is also considered defective. Thus, any party along the chain of distribution could potentially be held liable.

Beyond personal injury, defective products can also cause significant property damage. For example, a faulty electrical device could start a fire, damaging or destroying your home. In these instances, you could claim the cost of repairing or replacing damaged property as part of your product liability claim.

Insurance and Damages

Many businesses carry liability insurance that covers them in the event of a product liability claim. If you are injured by a defective product, the at-fault party's insurance company might be involved in settling your claim. However, dealing with insurance companies can be complex and challenging. It's a good idea to have a knowledgeable attorney handle these negotiations on your behalf.

The amount of money you could receive in a product liability claim varies greatly depending on the specifics of the case, including the extent of your injuries, the degree of the product's defectiveness, and whether or not the at-fault party was aware of the defect. You may be able to recover costs for medical bills, lost wages, pain and suffering, and property damage.

Product liability cases are usually handled in civil court. The goal is to determine liability and award damages to the injured party. These cases can require expert testimony and extensive evidence to prove that the product was defective and that the defect caused your injury.

Comparative Negligence

In some personal injury cases, the defendant may argue that the plaintiff is partially to blame for the accident. This is known as comparative negligence. Depending on the jurisdiction, this could reduce or even bar the plaintiff's recovery.

In a comparative negligence system, your damage award would be reduced by the percentage of your fault. For example, if you're found to be 30% at fault in a car accident, and your total damages amounted to $100,000, you would be able to recover $70,000. Because state laws vary widely, it's essential to consult with an attorney in your state to understand how these laws may apply to your case.

Dog Bites

Dog owners are generally responsible for any harm that their dog causes to another person or animal. The specific laws vary from state to state. Some implement "strict liability," while others base dog bite liability based on whether the owner knew or should have known that the dog might cause harm.

If you're bitten by a dog, seek immediate medical treatment, even if the injury seems minor. You should also report the incident to local authorities and collect evidence, such as photos of your injury and any witness information. Some homeowner's insurance policies cover legal costs up to a certain amount.

Emotional Distress

In some cases, a plaintiff may recover damages for emotional distress caused by the defendant's actions. This can be a result of both intentional and unintentional acts.

Proving emotional distress can be challenging as it often relies on subjective evidence. This might include testimony from a mental health professional, evidence of therapy or medication, or even personal journals documenting your emotional state.

Premises Liability

Premises liability involves an injury caused by an unsafe or defective condition on someone's property. Slip-and-fall cases are the most common type of premises liability cases.

In a premises liability case, the property owner may be held responsible if it can be shown that the owner knew or should have known about the dangerous condition. Documentation of the hazardous circumstance and medical records of the injuries are critical pieces of evidence in such cases.

Punitive Damages

These are awarded to the injured party to punish the defendant for outrageous conduct and to deter similar conduct in the future. Not all cases involve punitive damages. In fact, most don't.

Punitive damages are not meant to compensate the victim but rather to punish the wrongdoer and deter others from engaging in similar conduct. They are generally only awarded in cases where the defendant's actions were egregiously negligent or intentionally harmful.

Settlement Negotiations

Most personal injury cases are resolved through settlement negotiations rather than going to trial. This usually involves the plaintiff's attorney negotiating with the defendant's insurance company to reach an agreement on the amount of damages to be paid.

Settlement negotiations can be a lengthy process. The plaintiff may be tempted to accept an early offer to wrap things up quickly. However, remember that once you agree to a settlement, you can't pursue further damages later on.

Defamation

Defamation, which includes both slander and libel, involves the injury to one's reputation caused by false statements. The speaker can be held liable for damages to the injured party.

The primary elements in a defamation case are proof that the statement was false, it was communicated to others (not just to the person it was about), and it caused harm or damage to one's reputation.

If the defamed person is a public figure, they must also prove that the statement was made with actual malice – that is, with knowledge of its falsity or with reckless disregard for the truth. Damage awards in defamation cases can include compensation for lost wages, harm to reputation, and emotional distress.

Disfigurement

If an accident or injury causes disfigurement, the injured party can seek compensation for the mental and physical suffering that comes with it.

In addition to physical pain and suffering, disfigurement can result in a loss of enjoyment of life, decreased earning capacity, and a range of mental health issues. Compensation in such cases can include medical expenses, therapy costs, and damages for pain and suffering.

Speak With a Personal Injury Lawyer Today

As you can see, navigating the legal procedures in accident and injury cases can be difficult. An experienced personal injury attorney can provide more information and guidance regarding the legal requirements and ramifications involved in your type of case.

As an injured person, you should not wait to seek compensation. There are strict deadlines for filing personal injury lawsuits. These deadlines are known as statutes of limitations. Once the deadline has passed, you may lose the right to seek economic and non-economic damages under personal injury law.

If you or a loved one need legal advice, now is the time to act. Seek medical attention and consult with an attorney ASAP. Many personal injury and workers' compensation attorneys work on a contingency fee basis. This means you won't pay your lawyer anything unless your case is successful.

Consider speaking with a personal injury lawyer near you today to learn your options and begin your attorney-client relationship.