The Most Common Types of Personal Injuries

A personal injury is an injury that affects your body, emotions, or mind as a result of another person’s negligence. This doesn’t mean that all injuries are as a result of negligence from another person; some serious injuries can result from accidents where you share the responsibility of fault. For example, you might be involved in an accident involving three vehicles – including your car – and you may receive compensation depending on the damages you incurred in regards to the other driver’s actions.

California Personal Injury Law imposes civil liability on the person who’s careless or intentional acts led to the injuries. To file for a personal injury suit, the actions of the defendant must have been the primary cause of your injuries. If a viable legal theory is found to hold the defendant liable for the damage, financial responsibility is imposed.

Monetary value is often attached to a personal injury claim as a damage fee to the victim. The compensation given for your injuries depends on the circumstances of your request. With the help of an experienced personal injury attorney, you will be able to identify all factors revolving around your claim. This helps you to get the full amount of your losses and possibly more with the help of a personal injury attorney.

There are different circumstances that could result in an injury in our daily lives. Here are some of the most common types of personal injuries depending on the different circumstances.

Medical Malpractice

When you visit a hospital, you expect to get an accurate diagnosis and quality care from the medical practitioners. However, this is not always the case. Some negligent doctors may cause more damage to your body or even worsen the existing conditions. Fortunately, if you find yourself in this situation, the legal system will determine the party liable for the injuries sustained during the treatment.

The medical malpractice liability could be as a result of the incorrect diagnosis, inadequate treatment, or carrying out procedures without the patient's consent. The two main components of the medical malpractice personal injury are determining and proving fault to the case. This claim not only applies to doctors but also other professionals taking part in the treatment and the hospital in general.

The various forms of medical malpractices that cause injuries to the patient include:

• Recommendation and prescriptions of drugs which are below the acceptable care standards
• Consciously giving treatment that poses a potential threat to the patients without their knowledge or consent
• Carrying out procedures without the patient's consent or authorization by their representatives
• Administering the wrong dosages of drugs which could be harmful to the patient
• Improper diagnosis and subsequent proceedings that are unnecessary like amputation of limbs

Most medical malpractice cases revolve around the fact that the practitioner was negligent in the process of treating the patient. To establish medical negligence, you will be required to prove the practitioner’s responsibility for your well-being and how they deviated from that duty, which resulted in your injuries.

If you or your loved one suffers injuries as a result of medical malpractice, you should report to your primary healthcare provider. If they cannot save the situation, then filing a personal injury case will be your only option to ensure full compensation.

Car Accident Injuries

Motor vehicle accidents are among the most common causes of personal injuries seen today. Accidents are not good experiences; the victims suffer severe injuries such as soft tissue injuries, bone fractures, and loss of vital body organs. This can lead to disability or even the loss of your life. Car accident laws are often a combination of traffic law violation and personal injury laws.

If you suffer a car accident, it is only wise to seek legal advice to help determine who is liable for the accident and file a lawsuit for your compensation. Personal injury laws tend to give more priority to pedestrians since they are more vulnerable in case of accidents.

After filing a lawsuit, the court uses police reports, security cameras, and testimonies from witnesses to determine who is at fault and if your compensation claims are legitimate. However, calculation of these damages is not an easy task especially if both parties are at fault. In these cases, the percentage of error is used to determine the compensation amount for the injuries.

Slip and Fall Injuries

Slips and fall accidents are very common types of personal injuries. They can occur at a friend’s house, in a grocery store, or the street pavements. Depending on the circumstances under which the accident occurred, the property owner may be held accountable for your injuries. Although sometimes people slip unintentionally, sometimes conditions inside and outside the buildings could also contribute to these types of injuries.

Common causes of indoor slip accidents include wet floors, poorly waxed floors, or damaged structures. If you happen to suffer an injury due to these factors, then the person responsible for these premises is held liable for the injuries.

A property owner must ensure his/her premises are safe for their customers or visitors. If you manage to convince the D.A that the property owner was aware of the poor conditions and did not take action to correct the situation, then you are likely to get compensated. In some circumstances, you may be the cause of such injuries. For instance, alcohol consumption or an existing health condition may contribute to the accident. In such circumstances, the fault for the incident is shared among the parties and the amount of compensation is reduced.

If you or your relative suffer injuries from a slip and fall accident, immediately consult a personal injury attorney. They will help you to establish the other party’s liability to the accident and increase your chances of compensation.

Workplace Injuries

An employer must ensure the safety of his/her employees at the workplace. They should ensure that the working conditions are safe, and train their employees on the safety measures to minimize accidents. Although some jobs pose more accident threats than others, no working environment is entirely safe from accidents.

Common accidents that occur at workplaces include injuries by faulty machines or health injuries caused by chemical emissions from the working premise. If you suffer an accident at your workplace, there are two primary principles which determine if you are covered for compensation or not:

1. Are you an employee of the place?
2. Was the injury suffered as a result of work-related issues?

As an employee, it is your responsibility to comply with safety rules and regulations at your workplace. When you follow these rules and still end up with injuries due to factors outside your control, you have the right to sue your employer.

Besides payment for the lost wages, victims of workplace injuries are entitled to rehabilitation benefits. This helps them recover from the effects of the accident and also take care of their needs in case they stop working. Suing your employer for compensation could be challenging especially if your claims get disqualified, but it wouldn’t hurt to consult a lawyer to help you understand the viability of your compensation claims.

Product Liability Injuries

Defective products could be hazardous and can lead to injuries on the consumer. These products can include foodstuffs, medical supplies, electronics products, and vehicles. Product liability is based on the principle that companies and dealers of these products have to ensure that any of their products is not a threat to the consumers.

When purchasing a particular product, you expect it to meet your expectations and not cause harm. When that product is defective and puts you in danger, then it doesn’t serve its purpose. The liability of the injuries you get from a defective product may be held by different parties depending on the nature of the products defect. The law dictates that the manufacturers must take all financial and legal responsibilities for the injuries brought by their products since they have more knowledge about these products. The main types of defects that can make a supplier or manufacturer liable for your injuries include:

• Manufacturing defects: These defects come into place while assembling the products and may not be anticipated for in the product design. The manufacturing defects are as a result of deviation from proper manufacturing specifications;
• Design defects: The design defects are often present from the beginning even before the manufacturing process commences, meaning the product is unsafe even before its production;
• Marketing defects: These are flaws that result from the way the product is presented in the market. Marketing defects may include improper labeling and lack of safety indications. These defects are likely to mislead a potential consumer and cause injuries.

The product liability injuries are quite complex, and testimonies of some experts may be needed to prove fault. It is, therefore, crucial to seek help from an attorney if you suffer injuries as a result of defective products.

Wrongful Death

The most severe form of injury one would possibly suffer as a result of another person’s negligence is death. The person who experiences this kind of damage cannot file a lawsuit against the liable parties. However, the family and dependents of the deceased can claim wrongful death.

Though the lawsuit will not bring your loved one back, it helps you to receive compensation for the loss and cover costs such as hospital bills and funeral expenses. Besides, payment for this kind of suit will ensure the dependents – especially children – of the deceased are taken care of until they reach an age when they can support themselves.

For a wrongful death lawsuit to bear compensation, you are required to prove that the sole cause of the victim’s death was negligence from the other party. The nature of the relationship between the accident victim and the people who are claiming for compensation is also relevant to the case. The person filing the lawsuit must be a personal representative of the deceased’s estates; hence, compensation awarded will be viewed as part of that estate.

The primary measure of compensation for a wrongful death case is the loss of support, the prospect of inheritance, and funeral expenses. In a personal injury case, the value of the victim’s life will be measured by factors such as their age, health, and earning capacity. Hence, it might be difficult to determine compensation for the wrongful death of children and the elderly.

If you believe that the cause of your loved one’s death resulted from another person’s negligent or intentional actions, just contact a wrongful death attorney and gauge your options. In case you decide to file a lawsuit, ensure that it is done as soon as the death occurs since there is a time limit within which a wrongful death suit should be filed.

An injury does not necessarily have to be physical. It could be mental or emotional although it might not get noticed immediately. If someone’s actions cause you mental or emotional distress, you can sue them for psychological injuries. The emotional and mental injuries could be as a result of:

1. Infliction of emotional distress

In the society we live, people have different personalities and diverse point of view on several things. What seems okay to one person may be offensive to another. Therefore, we cannot escape from dealing with these situations.

However, it is possible to file a lawsuit against an individual whose extreme conduct or action have caused you emotional trauma. If you can prove that their outrageous behavior was the primary cause of your emotional distress, you are entitled to get the compensation for the injury on your emotions.

2. Invasion of privacy

The invasion of privacy is radically intruding into another person’s life without their consent. Privacy invasion may include disclosure of one’s private life affairs or misuse of identity. Invasion of privacy may result in emotional instability since your image could be damaged as a result. If you find yourself in such a situation, you may need to contact a personal injury attorney before taking any action. This will ensure that you have a solid case.

When you or your loved one gets involved in an accident, immediately contact a personal injury attorney. The action taken by this lawyer will depend on the specifications of your case and the circumstances under which the injuries were sustained.

The first thing a lawyer will do is to investigate the legitimacy of your claims. They study the case to ensure there is a solid case with a likelihood of winning before filing the suit. After deciding to take on your case, the lawyer gathers evidence in your favor including the police reports and testimonies from the witnesses. The evidence helps them establish the party who is liable for the injuries and the extent of damages suffered. The attorney can request to visit the injury scene to get more information on the case. He/she can proceed to involve a medical expert who gauges the injury through scans and tests to determine the worth of your damages. In case the case involves a deceased client, the attorney can request for a private autopsy to show exactly what caused the problem.

It is essential to have proper communication with your attorney on all issues regarding the accident. This ensures that your case is well-structured and increases your chances of compensation for the loss. The lawyer will represent you in the court hearing and ensure that you get a compensation worth of the injuries you suffered. In case you don’t get a fair settlement, your injury attorney will negotiate on your behalf to help prove the extent of the injuries you suffered to ensure that you get your fair settlement.

Cases revolving around personal injury are can be stressful, especially if you cannot prove that the cause of your injury was as a result of another person’s actions. In case you or your loved one is a victim of an accident and end up sustaining significant injuries, you will need the expertise of a firm like The Los Angeles Personal Injury Attorney.

We serve clients throughout Los Angeles, California, and the neighboring cities to ensure all concerns you may have about the personal injuries are addressed. Call us at 424-231-2013 to learn more about the types of personal injuries you can get compensation for and how our lawyers can help you.