Ever wonder what happens after an accident rocks your world?
Millions of Americans are plagued with personal injuries each year. And the sad truth…
Very few people know their legal rights until after it’s too late.
The good news?
Understanding the common personal injury types and legal remedies can help you protect yourself and your family. It can also help you save thousands of dollars in medical bills and lost wages.
What’s Inside This Guide:
- Common Personal Injury Types
- Legal Remedies
- Protect Your Rights After Injury
- The Legal Process
Why Personal Injury Types & Legal Remedies Matter
So why does personal injury law exist in the first place?
Personal injury law is designed for one simple purpose…
To help injured people who are not at fault receive the compensation they deserve.
According to the CDC, each year there are approximately 39.5 million personal injury cases that require medical treatment in the US. If that’s not staggering enough…
There are even more incidents that don’t reach the level of a personal injury case. The fact is personal injuries are all around us.
Whether you are dealing with personal injury types or legal remedies, an experienced injury lawyer like McWhirter, Bellinger and Associates Lexington, SC can help significantly. They understand the nitty-gritty of personal injury law and can work with you every step of the way.
But back to the most common types of personal injuries…
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of injury in America.
Each day, there are over 6,500 people injured in motor vehicle accidents in the United States alone. Motor vehicle accidents can cause:
- Whiplash and neck injuries
- Broken bones and fractures
- Traumatic brain injuries
- Spinal cord injuries
- Injuries to internal organs
The legal remedy would be a negligence lawsuit filed against the at-fault driver. In a typical car accident case, the injured person would be able to recover compensation for medical bills, lost income, pain and suffering, and other losses such as property damage.
What most people don’t realize is that insurance companies are not on your side. The only thing they care about is paying out the lowest settlement possible. Legal representation helps ensure you don’t get taken advantage of.
Slip and Fall Accidents
Slip and fall accidents don’t seem like such a big deal…
Until they happen to you.
Slip and fall injuries are a type of premises liability case. Premises liability is a legal area that involves people getting injured on someone else’s property.
A few common examples of slip and fall cases involve:
- Wet or slippery floors
- Uneven sidewalks and walkways
- Poor lighting conditions
- Broken stairs or handrails
- Ice and snow build up
The legal remedy is often a lawsuit against the property owner or occupier. This is usually a negligence case. Property owners have a duty to make sure their property is safe. If they breach that duty, they can be held responsible for any resulting injuries. A successful lawsuit can get you compensation for medical bills, rehabilitation, lost income, and more.
Medical Malpractice
Doctors and nurses aren’t perfect. Mistakes happen. But they can have tragic consequences.
When doctors, nurses, or other healthcare professionals make errors that harm their patients, this is known as medical malpractice. Medical malpractice is one of the most complex areas of personal injury law.
Some common examples of medical malpractice include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Failure to treat
In order to bring a successful medical malpractice lawsuit, you’ll need expert testimony. A medical expert will have to prove that the healthcare professional deviated from an accepted standard of care. The legal remedies can include compensation for additional medical treatment, ongoing care, and emotional distress.
Workplace Injuries
Injuries at work happen all the time.
Most of the time, a workplace injury would be covered by workers’ compensation. Workers’ comp is a no-fault insurance program designed to provide benefits to injured workers.
However, there are certain cases where a worker can have a separate personal injury claim. This is usually when there is a third-party who contributed to the injury.
Some common examples of workplace injuries include:
- Repetitive strain injuries
- Falls from heights
- Equipment malfunctions
- Exposure to toxic substances
- Construction site accidents
Here the key is understanding whether workers’ comp is all that covers your specific case or if you have a separate legal claim.
Product Liability
Products that injure consumers are a big problem.
Manufacturers, distributors, and retailers can all be held liable for injuries caused by their products. Product liability is a legal area that holds companies responsible for defective or dangerous products.
There are three types of product defects:
- Design defects: The product was dangerous from the beginning
- Manufacturing defects: A mistake in the manufacturing process
- Marketing defects: Warnings or instructions are inadequate or missing
The legal remedy in a product liability case is a lawsuit seeking compensation from the responsible parties. In these cases, you don’t have to prove negligence. You just have to prove that the product was defective and it caused your injury.
Types of Legal Remedies
So what can you actually recover in a personal injury lawsuit?
Personal injury compensation can fall into two categories…
Economic damages are quantifiable losses such as medical bills, lost wages, property damage, and future medical expenses.
Non-economic damages are a little more nebulous. Things like pain and suffering, emotional distress, and loss of enjoyment of life would fall under this umbrella.
In certain cases, you may also be able to recover punitive damages. Punitive damages are designed to punish particularly reckless or malicious behavior.
The Legal Process
Here is what happens after you file a personal injury lawsuit…
The first thing that happens after a lawsuit is filed is an investigation. Your attorney will go through and gather evidence, review medical records, and interview witnesses.
The next step is usually a demand letter. A demand letter details your injuries and the compensation you are seeking.
Negotiations then begin in earnest. Here’s an important fact…
95% of personal injury lawsuits settle before they even go to trial. If a settlement can’t be reached, then the case will be brought before a judge or jury who will decide the outcome of the case.
Protecting Your Rights
Time is of the essence when dealing with personal injury claims.
Each state has a statute of limitations for personal injury cases. In short, it is a law that sets the amount of time that you have to file a lawsuit after an injury. If you miss this deadline, then you forfeit your right to compensation.
After you have been injured, you should:
- Seek immediate medical treatment
- Document everything with photos and notes
- Report the accident to the appropriate authorities
- Avoid making recorded statements to insurance companies
- Consult with a personal injury attorney
The biggest mistake people make after an injury is waiting too long. Evidence gets lost. Witnesses’ memories fade. And the case becomes much harder to prove.
Wrapping Things Up
Personal injuries are a part of life.
Understanding the common personal injury types and legal remedies that are available puts you in a much better position. When it comes to dealing with common injury types and legal remedies, knowledge is power.
Whether you are dealing with a car accident, slip and fall, medical malpractice, or any other kind of injury…
You have options.
Personal injury law exists for a reason. The legal system is in place to protect people like you who get injured and to hold the responsible parties accountable. Don’t let not knowing what to do or being scared of the process stop you from doing what’s right and getting what you deserve.
Contact an experienced personal injury attorney today to discuss your case and learn more about your legal rights.
