Accidents happen. Most can be prevented. Our legal system is designed to help those harmed by the negligence, malpractice, recklessness or inaction of others. Personal injury law, also known as “tort law,” covers a wide range of legal claims, from wrongful death, automobile accidents, and medical malpractice to defective drugs, product liability, and workers' compensation. Victims can file a personal injury claim for physical or emotional injury, and, occasionally, for property damages. In some cases, such as wrongful death or medical malpractice, the family of the injured or deceased can file suit on behalf of their loved one.
Personal injury claimants may be eligible to receive financial compensation for their loss of income, pain and suffering, emotional distress, permanent disability, and other resulting injuries. If you are interested in pursuing a personal injury case, you are encouraged to contact us for legal advice.
Establishing Your Claim
If you can demonstrate that 1) the persons charged are legally responsible for your personal injury and 2) that the compensation you require is appropriate for the extent of your injury or loss, you may have a personal injury case. Every personal injury case must address these two essential areas: liability and damages. These elements, depending on your state, may be established on one of three bases: negligence, strict liability, and intentional wrong. If you feel you have a personal injury case, contact us for an in-depth consultation and explanation of these concepts.
Negligence
Filing your personal injury case as a tort of negligence, you are accusing the defendant of causing your injury by failing to prevent it. For example, if a shopping mall owner fails to label a wet floor and you fall and injure your back as a result, the owner may be deemed negligent for failure to follow proper safety procedures.
Do You Have a Case?
Here are some examples of possible prosecutable personal injury claims:
- Slip and fall injury – the owner of the property where an injury occurs can be held liable - also known as premises liability.
- Nursing home abuse and neglect – a nursing home can be held liable when a resident suffers physical abuse, mental abuse, or abandonment.
- Car accident – motorists involved in auto accidents, as well as truck and motorcycle accidents, can be held liable for personal injuries to those involved in the collision.
- Defective product injury – companies can be held liable for marketing defective products (including medical devices) which cause serious personal injury.
- Exposure to toxic material – companies can be held liable for using toxic materials in the workplace or for allowing them to leach into the environment through groundwater contamination and other methods.
- Medical malpractice – hospitals and doctors can be held liable for negligence and malpractice.
- Wrongful death – any individual can be held liable whose negligence leads to the death of another, and the deceased’s family often has grounds for a wrongful death claim.
- Drug injury – companies can be held liable for marketing defective drugs with serious side effects, especially those which are part of a drug recall.
- Job injury – companies and individuals can be held liable for construction accidents, industrial accidents, and other on-the-job hazards causing personal injuries.
- Dog bites – owners of dogs can be held liable for injuries their pets cause.
NOTE: Personal injury is a broad, evolving area of law. If you do not see your particular claim here, please contact us if you feel you may have a personal injury case.