Most people may think that personal injury law only covers cases that are classified according to its namesake, but personal injury lawyers actually handle a wide range of cases in order to deliver fair compensation to people injured in accidents. According to the Merriam Webster dictionary, the term “personal injury” refers to an injury to one’s body, mind, or emotions, and that definition may give insight into the scope of a personal injury attorney’s work.
In order to better understand what they do, here’s an overview of the 10 types of cases that personal injury attorneys usually handle:
VEHICULAR ACCIDENTS (CAR, TRUCK, MOTORCYCLE)
With an average of 6 million car accidents in the U.S every year, vehicular accidents and collisions are the most common type of personal injury cases. Dealing with vehicular accidents tend to become a team effort as well, because personal injury attorneys often have to work with plaintiffs who have been involved in trucking and motorcycle crashes, as well as other relevant professionals concerned in vehicular accident cases. Some states like Ohio have particular laws regarding liability—an important factor in determining who should pay for any damages or injuries caused. Several factors, such as driving under the influence of drugs or alcohol, speeding, driver fatigue, and distracted driving allow personal injury attorneys to determine which party is at fault.
INJURIES INFLICTED BY A PET
Pet ownership covers the responsibility of becoming liable for whatever damages or injury a pet may cause. The most common personal injury cases involving pets are dog bites—cases in which personal injury attorneys must show that the animal was not provoked in any way and that it hurt the plaintiff. For most pet-inflicted injury cases, the provocation-behavior approach is used. In successful cases, the compensation for the personal injury inflicted by a pet covers treatment, medical expenses, and lost wages due to injury. Laws regarding negligence by pet owners vary by state; there is a ‘strict liability’ statute in Ohio for this type of injury.
This type of case concerns injuries or damages that are incurred at work or on the job. In work-related injury cases, the person who files a suit or the personal injury attorney assisting them must be able to show how another employee or the company itself is liable. By using evidence, such as showing the extent of the injury and the expenses that were incurred because of it, the fault of the plaintiff is proven. This will result in the compensation of healthcare expenses, lost income, pain, and suffering.
SLIP AND FALL CASES
Personal injury attorneys are hired to represent someone who was injured while they were on public or private property—a situation commonly referred to a “Slip and Fall” type of case. In this case, a personal injury attorney must be able to show how the property owner was liable for the safety of the people on the property, and then prove that the owner was negligent in preventing the said injury.
As one of the most complex cases on this list, a personal injury attorney must skillfully collect evidence that a doctor, hospital, or facility failed to meet the required standard of care while carefully studying the technicalities of laws concerning medical malpractice. Occurrences such as misdiagnosis, inappropriate treatment, and errors in aftercare must be proven by the attorney in order for the plaintiff to receive just compensation for their troubles.
DEFAMATION – LIBEL & SLANDER
Libel and slander are forms of defamation. Defamation is defined as something that damages a person’s reputation, or something that may result in someone’s good name, position in society or career being impaired because of a false or slanderous statement or set of statements. If a personal injury attorney is able to show that untrue negative statements were made and they affected the plaintiff adversely, the defamed may receive monetary retribution for financial loss, lost business opportunities or earning capacity, or any treatment expenses for related physical and mental health problems.
Wrongful death cases are a type of case in which death was caused by someone else’s negligence, recklessness or deliberate actions. This type of case is designed to support families struggling with a loss. If successful, wrongful death suits can generate monetary compensation for surviving family members. Personal injury attorneys aim to collect damages for lost earnings, family care, prospective inheritance, as well as unnecessary suffering on behalf of the departed.
This type of case involves holding manufacturers responsible for any damages, injury or loss caused by a defective product. In a product liability case, a personal injury attorney is required to prove that a defective product directly inflicted injury or resulted in damages to the plaintiff.
ASSAULT & BATTERY
Assault and battery (also known as an “intentional tort”) refers to a type of personal injury case that involves acts of violence or physical attacks. In addition to possible criminal charges, the perpetrator can also be subjected to a civil suit. Lawsuits are meant to provide monetary damages for someone who was intentionally harmed by another after being proven as such by a personal injury attorney.
Known as one of the less-common personal injury cases, an emotional distress case is another type of intentional tort that typically involves extreme threats, which affects someone mentally rather than physically. In this type of case, a person injury attorney must show how suffering, harm and emotional distress was caused by another person.
If you’re looking for a professional personal injury lawyer, Schuller Law Office is your best option. Get in touch with us today to see how we can help.