Personal injury lawsuits are more common than you may think. Do you know the circumstances that call for them? If not, you’ve come to the right blog post!
First, we will discuss what constitutes a personal injury lawsuit; then we will determine situations that lead to personal injury lawsuits.
What Constitutes a Personal Injury Lawsuit?
A personal injury lawsuit is when someone sues for an injury he or she sustained at the hands of another party. An experienced personal injury attorney needs to prove many things for a successful case, but several main things are more important than others.
Main components of a personal injury case include:
- Proving that the plaintiff (the person making the lawsuit) was injured*;
- Proving that the defendant (the person the lawsuit is against) acted negligently in some way;
- Proving that the defendant’s actions directly caused the plaintiff’s injuries.
*Typically, injuries are physical in nature; however, there are cases where people successfully sue other parties based solely on emotional and psychological injuries. Therefore, injuries can be defined as physical, emotional, or psychological in nature.
If a personal injury attorney can prove these three things to a judge, a successful lawsuit is likely.
Now that we understand what constitutes a personal injury claim, let’s look at some examples of situations that can lead to personal injury lawsuits.
Many situations can lead to personal injury lawsuits, but arguably the most common are car accidents. Car accident personal injury cases occur when drivers act negligently and injure other drivers, pedestrians, passengers, and motorcyclists.
Negligent driving comes in many forms including:
- Drunk driving;
- Drowsy driving;
- Reckless driving (speeding, making illegal maneuvers, failing to check blind spots, etc.); and
- Distracted driving (talking to passengers, using a cellphone, eating a meal, putting on makeup, etc.)
If you or a loved one are injured in a car accident, it’s always a good idea to talk to a personal injury attorney about what happened because you may have the right to pursue a lawsuit.
Injured as a Passenger
Passengers may have the right to sue drivers, captains, conductors, and their associated businesses if their actions result in personal injuries. For example, if an Uber driver acts negligently and injures his passengers, the injured may have the right to pursue damages against the driver and against the driver’s company: Uber.
In the past, passengers of cruises have sued captains and their associated companies for the captains’ negligence. This negligence has stemmed from things like traveling through stormy weather or from hitting an unseen rock outcropping.
Additionally, parents of children have gone after school bus drivers and their associated school districts for driver negligence resulting in severe injuries. In these circumstances, damages for medical bills and similar costs would go to the parents, but damages for emotional trauma and other personal damages may go to the child once they are of age.
As you can see, passengers can secure damages from drivers, captains, conductors, and their associated businesses if they have an experienced personal injury attorney by their side.
Premises Liability & Injuries
Another common personal injury lawsuit is a premises liability claim. Premises liability is the idea that a property owner has a duty to ensure that his or her property is safe for visitors and guests. If a property is unsafe and someone is injured as a result, the injured party may be able to file a personal injury claim against the property owner.
Common premises liability injuries include:
- Slip-and-fall accidents as a result of spilled liquids, dusty floors, or black ice;
- Dog bites (dogs are the property of their owners legally, which means when a dog bites a visitor, it’s a premises liability issue);
- Swimming pool accidents;
- Electrocutions from outlets or stripped wires;
- Negligent security (for commercial businesses that fail to maintain safety codes); and
- Elevator and escalator accidents.
Typically, defective products are nothing more than a nuisance to users; however, some defects can result in severe injuries.
Examples of famous defective products include:
- Hasbro’s Easy-Bake Oven (Children were getting their fingers stuck in the oven);
- Merck’s Vioxx drug (The arthritis drug caused heart attacks);
- Toyota Motor’s faulty gas pedals (Floormats that trapped gas pedals);
- Johnson & Johnson Tylenol Poisoning (Seven people died after taking Tylenol laced with cyanide);
- Infantino’s Baby Slings (Certain baby slings were linked to 3 infant deaths);
- Bridgestone Faulty Tread (175 deaths and 700 injuries caused by faulty tire treads).
As you can see, potential personal injury lawsuits can stem from a variety of scenarios, but regardless of the cause of an injury, it’s always wise to talk to a trusted attorney about your wounds.
Need an Experienced Personal Injury Attorney?
If you or a loved one has been injured as a result of someone’s negligence, you have the right to seek just compensation for your case. The Law Offices of Ruben Ortiz is known for getting results for its clients and can help you seek the damages you may deserve.
Call (915) 308-8850 now for a free consultation for your personal injury case!