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Types of Personal Injury Cases

When you or a loved one has been affected by an accident because of someone else’s negligence, it’s personal. Nobody goes out seeking to get hurt and file a claim for compensation, but life is full of surprises. Some are positive and some negative. When we have a negative experience, such as an accident, we can only try to make our lives whole again.

Personal injury claims come from a range of circumstances and are typically filed when someone has been injured due to the negligence or wrongdoing of another party. The main causes of personal injury claims can be broadly categorized into several common scenarios we discuss here.

Why Accidents Involving Motor Vehicles Are One of the Most Common Personal Injury Cases

To start, car accidents are incredibly frequent. With thousands of vehicles on the roads every day the high traffic volume inevitably leads to a greater likelihood of accidents and injuries.

Motor vehicle accident types can vary widely and involve multiple victims. Here are some of the most common motor vehicle collisions resulting in personal injury cases:

  • Multi-vehicle accidents
  • Truck accidents
  • Tractor-trailer accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Scooter accidents
  • Pedestrian accidents
  • Golf cart accidents

Crashes involving motor vehicles also often result in severe injuries due to the nature of the event. The force of impact from a collision can cause a number of injuries, including broken bones, spinal cord injuries, traumatic brain injuries, whiplash, internal organ damage, and even death.

These injuries can be debilitating, requiring extensive medical treatment, long-term rehabilitation, and sometimes permanent disability. Therefore, victims of auto accidents often seek compensation to cover medical expenses, lost wages, pain and suffering, long-term care, and other damages caused by the accident.

Determining liability in these cases can be complex and requires thorough investigation and skilled legal representation from a personal injury attorney.

Dog Bites

Dog bites can be both minor and severe but often result in personal injury claims due to the physical and emotional harm inflicted on the victim. When a dog bites a person, they may suffer from severe injuries, such as deep wounds, tissue damage, fractures, and nerve damage. These injuries can require immediate medical attention, including stitches, surgeries, and rehabilitation.

In many cases, the dog owner can be held responsible for the injuries caused by their dog. Personal injury claims are typically initiated when it’s proven the dog owner was negligent or failed to take reasonable precautions to prevent the attack. This may involve proving that the owner was aware of the aggressive tendencies of their dog, did not take proper steps to restrain or control the dog, or violated local animal control laws.

Additionally, Arizona has “strict liability” laws regarding dog bites, which means that the owner can be held liable regardless of their knowledge or negligence. Under these laws, if a dog bites someone, the owner is automatically responsible for the damages caused by the animal attack.

Once a personal injury claim is filed, the victim may be entitled to compensation for their damages. This can include medical expenses, lost wages due to time off work, pain and suffering, emotional distress, and in some cases, punitive damages.

Medical Malpractice

Medical malpractice cases stem from various situations, including misdiagnosis, surgical errors, medication mistakes, birth injuries, anesthesia errors, and failure to obtain informed consent.

The plaintiff — the injured party — must demonstrate several elements to establish a personal injury claim based on medical malpractice.

  1. The injured party must show that a doctor-patient relationship existed, meaning the healthcare professional had a duty of care toward the patient.
  2. They must establish that the healthcare provider breached their duty of care by acting negligently or failing to act in a manner that is consistent with accepted medical standards.
  3. The plaintiff must prove that this breach of duty caused their injuries, showing a direct link between the healthcare provider’s actions or omissions and the harm suffered.
  4. The plaintiff must demonstrate the extent of their damages, which can include medical expenses, lost income, pain and suffering, and any other losses directly related to the malpractice.

 

It’s important to note that Medical professionals and their insurers often vigorously defend against these claims, requiring extensive investigation, expert testimony, and legal knowledge.

Medical malpractice cases can be complex and challenging to pursue. Therefore, if you believe they have suffered harm due to medical malpractice, you need to consult with an experienced malpractice attorney.

At Torgenson Law, our attorneys specialize in handling medical malpractice claims and can help determine the viability of the case, guide the injured party through the legal process, and advocate on your behalf to seek fair compensation for your injuries and losses.

Workplace Accidents

A workplace accident is when an employee suffers harm or injury due to negligence or misconduct of an employer. Several factors need to be considered to be eligible for a personal injury claim.

First, there must be evidence of negligence or a breach of duty on the part of the employer or a co-worker. If the accident occurred due to substandard safety measures, lack of training, faulty equipment, or failure to address known hazards, the employer may be deemed negligent.

Next, the injured employee must have suffered harm or injury due to the accident. This could include physical injuries like fractures, burns, or strains, as well as psychological injuries such as anxiety, depression, or post-traumatic stress disorder. It is important to document and seek medical attention for any injuries sustained to establish a link between the accident and the resulting harm.

Lastly, the injured employee must demonstrate they have suffered losses or damages. These can include medical expenses, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, or emotional distress.

Premises Liability

Premises liability is a legal concept that holds property owners responsible for injuries and accidents that occur on their premises. In personal injury cases, premises liability plays a significant role in determining the liability of property owners for the injuries suffered by individuals due to dangerous or unsafe conditions on their property.

Property owners have a legal duty to maintain a safe and hazard-free environment for anyone who enters their premises. When a property owner fails to fulfill this duty and a person is injured as a result, the individual may have the right to seek compensation for their damages through a personal injury lawsuit.

To establish premises liability in a personal injury case, the plaintiff must prove certain elements. They must demonstrate that the property owner owed them a duty of care, that the property owner breached that duty by failing to maintain the premises in a safe condition, that the breach of duty caused the injuries, and that the injuries resulted in damages such as medical expenses, pain and suffering, or loss of income.

Product Liability and Product Defect Injury

A Product Liability or Product Defect Injury can end up as a personal injury claim when a person suffers harm or injury due to a defective or dangerous product. In such cases, the injured party can seek compensation for their damages by filing a personal injury claim against the responsible party, typically the manufacturer, distributor, or retailer of the product.

To establish a personal injury claim, the injured party must prove several key elements. First, they need to show the product was defective or had a dangerous condition that rendered it unreasonably safe for its intended use. This can be due to design defects, manufacturing defects, or even inadequate warnings or instructions. The injured party must then demonstrate that they suffered harm or injury due to the defective product. This can include physical injuries, mental anguish, medical expenses, lost wages, or any other damages resulting from the injury.

The injured party must also establish that the defect was the proximate cause of their injuries, meaning that the defect directly caused the harm and that the injuries were foreseeable.

Call Torgenson Law for Any Type of Personal Injury

Torgenson Law handles all these types of personal injury cases and more. If you have been injured in any type of accident because of someone else’s negligence, seek immediate medical help, and then pick up the phone and call 602-726-0747, where you can talk to a personal injury attorney dedicated to providing honest and thorough answers to your questions. We will evaluate your case on the facts and then help you build a strong and compelling claim for compensation for your pain and suffering.

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