Many people aren’t aware that personal injury cases can result from many different situations. While not every injury automatically results in legal liability, it’s far more likely in some situations than others. Always keep in mind that for there to be legal liability, an injury must occur because of someone else’s wrongful and/or negligent conduct.
With that said, here are the six most common types of personal injury cases.
1) Car Accidents
Car accidents are the most common originator of personal injury cases in the United States. When an accident happens, it’s frequently because one or more drivers were exhibiting careless or negligent behavior.
If you are injured in a car accident due to a careless, negligent, or illegal driver (driving drunk or without a license, for example), you can hold the other driver financially liable for your injuries.
2) Slip And Fall
Property owners (and some renters, depending on the circumstances) have a legal obligation to keep their premises safe and hazard-free. This applies both to private citizens and businesses. If you are injured on the premises of a property owner who failed to maintain a safe space, you may be able to bring a case against them in court.
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3) Dog Bites
California is what’s called a “strict liability” dog bite state. This means the dog’s owner is responsible for all damages resulting from a dog bite, even if the dog has never bitten anyone before.
California dog owners cannot escape liability for a dog bite by claiming that they had no idea the dog would act aggressively.
4) Medical Malpractice
Personal injury claims can be made against doctors and other healthcare professionals when a treatment falls below an appropriate standard and results in an injury to the patient. Medical malpractice claims are often very difficult to prove in court because unfavorable results from treatment doesn’t always mean malpractice occurred.
Defamation refers to libel and slander. These are injuries to a person and/or business’s reputation resulting from untrue statements made by a third party.
For the average person, they need to prove that an untrue statement was made and that actual harm (financial loss, typically) resulted from it. For celebrities and other public figures, the standards of proof are more difficult.
A tort is “a wrongful act that results in injury to another person, their property, or reputation.” The most common examples of personal injury torts are assault and battery. In these cases, not only can the defendant be held liable financially in a personal injury case, but there are often criminal charges that result as well.