Personal injury law is a complex and specialized area of the law. There are many different types of personal injury cases, and each one has its own unique set of rules and procedures. If you have been injured in an accident, it is important to understand what type of case you have, and how to proceed with your claim.
This article will discuss some of the most common types of personal injury claims and what you should expect along the way.
Negligence is the most common type of personal injury claim. In order to win a negligence case, you must prove that the defendant failed to meet their legal duty of care owed to you and that this failure caused your injuries. For example, if a driver fails to stop at a red light and causes a collision with you, their negligence would be the cause of your injuries.
To properly handle a negligence case, you will need to hire a lawyer to prove the four elements of negligence. Keep in mind that whether you hire a Murrayville personal injury lawyer or a New York personal injury lawyer, you have to pick the one who has experience in your specific case. This is because there are different kinds of negligence cases, such as:
- Slip and fall accidents. A slip and fall accident is one of the most common types of accidents. These cases are fairly straightforward because it is usually easy to prove that the defendant owed you a duty of reasonable care regarding the fall, breached that duty, and caused your injuries.
- Motor vehicle accidents. A motor vehicle accident can be extremely complex to handle on your own for several reasons. One reason is that there are many potential defendants in a car accident, such as the driver, the owner of the car, and the manufacturer of the car. You will need to prove that each defendant was negligent in order to recover damages.
- Medical malpractice. Medical malpractice cases are some of the most difficult personal injury cases to win. In order to prove medical malpractice, you must prove that the defendant breached the standard of care owed to you and that this breach was responsible for your injuries. This is a very complicated area of personal injury law because there are many potential defendants involved in medical malpractice cases, such as doctors, nurses, or any other medical professional who had contact with the patient.
Breach Of Contract
In a breach of contract case, the plaintiff must prove that there was a legally-binding agreement between the parties and that one party breached their obligation under that agreement. This type of personal injury claim often arises in business disputes where a party claims that they were cheated out of money or property. To win a breach of contract case, you will need to prove that the defendant failed to meet their contractual obligations and that you suffered damages as a result. To illustrate, imagine that you are in a business partnership with someone and they breach the contract by refusing to contribute their share of the profits. You can then file a breach of contract claim against them in order to recover the money you are owed.
An intentional tort is a personal injury case where the defendant deliberately harms the plaintiff and is liable for the resulting injuries. The two most common intentional torts are: battery and assault. To prove that a defendant committed an intentional tort, you must show that they intentionally caused your injuries while disregarding the risk that the action would cause harm to another person. For example, if your coworker purposefully elbows you in the face during a heated argument, they would be liable for the injuries you suffer as a result of that assault.
In a product liability case, the plaintiff must prove that a defective product caused their injuries. This type of claim can be brought against the manufacturer of the product, the retailer, or even the designer of the product. To win a product liability case, you must show that the product was defective and that this defect caused your injuries. You can prove that a product is defective by showing that it does not meet the applicable safety standards or by demonstrating that it was defectively designed or manufactured. For example, if you are injured by a defective car part, you could bring a product liability claim against the manufacturer of that part.
Personal injury cases can be complex, but by understanding the different types and with the help of an experienced attorney, you can have a better chance of winning your case and receiving the damages you deserve. So if you are injured in any type of accident, contact an attorney to discuss your case and find out what your options are.