There are many types of personal injury cases, with some common types including car accident cases, truck accident cases, medical malpractice cases, and slip and fall cases. Anytime someone’s negligence causes harm to another person—with harm generally referring to some type of injury—there may be grounds for the victim to file a personal injury case.
Don’t wait to talk with a lawyer if you believe you have reason to pursue a personal injury case. An attorney can confirm that you have reason for an insurance claim or lawsuit, and they will handle any such case for you.
What Qualifies Someone to Pursue a Personal Injury Case?
Negligence happens when someone does not honor their duty of care to another party. A duty of care is a legal requirement for someone to act in a reasonable manner, at least in part, to protect others from injury.
So you better understand the concept of negligence, some examples of negligent behavior include:
- A medical provider failing to warn a patient of the risks of a certain treatment course, such as surgery or medication
- A motorist driving while drunk and causing a collision
- A vehicle manufacturer overlooking defective airbags before selling the vehicle to the public
- A property owner failing to hire adequate security, or have poor lighting, leading a patron to be assaulted
When someone fails to take reasonable measures to protect others, it’s possible that the person or entity has committed negligence. A personal injury attorney will review your unique circumstances and explain whether negligence has caused you harm.
How Can I Be Certain That I’m a Candidate to File a Personal Injury Case?
Speak with a law firm. There are likely multiple personal injury firms serving your geographic region, and you can:
- Speak with representatives of one or more firms at no cost (these calls are called free consultations, and some firms even conduct their consultations in person or via video conference)
- Explain exactly how you came to suffer harm, whether it is an injury or the loss of a loved one
- Hear from legal professionals whether you have grounds to file an insurance claim or lawsuit based on someone else’s negligence
- Determine which law firm is the best fit to handle your personal injury case
Attorneys who handle personal injury cases represent victims of negligence daily. This allows lawyers to quickly recognize a victim of negligence, so they are the parties to consult if you’re wondering whether you have a case.
Common Examples of Personal Injury Case Types
Every day across the country, negligence leads to injuries, illnesses, and wrongful deaths. There are countless circumstances in which negligence results in serious harm to victims, and some of the most common personal injury case types include:
Motor Vehicle Accidents
Motor vehicle accidents are one of the most common reasons for filing personal injury cases, as these collisions:
- Often cause severe injuries, including but not limited to traumatic brain injuries, whiplash, internal bleeding, amputation injuries, and burns
- Often result from obvious instances of negligence, like speeding, defective motor vehicles, and dangerous road conditions
- Can cause significant economic damages, like medical bills and vehicle repair costs
- Can cause severe pain and suffering, which may include post-traumatic stress disorder (PTSD)
Most personal injury law firms represent victims of car accidents, truck accidents, pedestrian accidents, rideshare accidents, motorcycle accidents, and bus accidents.
Premises Liability Cases (Including Slip and Falls)
Property owners must ensure safe premises, whether or not a property is open to the public. Business owners, homeowners, municipalities, and other property owners must:
- Address slipping hazards, tripping hazards, burn hazards, and other obvious risks to visitors’ safety
- Ensure adequate lighting throughout the property
- Clearly mark areas of the premises where visitors should not be, and can be at danger if they enter
- Hire security when necessary
- Take all other reasonable steps to protect visitors from harm
If you suffered any kind of injury on a property that is not yours, you may have grounds for a premises liability case.
Cases Involving Work-Related Injuries and Illnesses
If you suffered an injury or became sick because of work-related circumstances, an attorney may seek compensation through:
- A workers’ compensation claim, this allows workers to pursue compensation regardless of how or why they suffered harm at work
- A lawsuit, which may be a viable strategy when employers lack workers’ compensation insurance or a third party caused the harm
Whenever you or a loved one suffers an injury in a work accident, it is worth speaking with an attorney. You deserve fair compensation, including for any injury that occurs in the course of employment.
Medical Malpractice Cases
About one in ten patients suffers harm as a result of receiving medical care. In other words, medical malpractice is rampant, and some common reasons for patients to pursue personal injury lawsuits include:
- Failure to diagnose, misdiagnosis, and delayed diagnosis
- Failure to warn the patient of risks
- Surgical errors
- Medication errors
- Errors during prenatal care and childbirth
Medical facilities can also be negligent. Failure to ensure sterile premises and hiring unfit medical providers are two of the many ways that medical facilities can endanger patients.
Product Liability Cases
Those who design, assemble, and sell products have duties to:
- Design the product without defects
- Use quality materials to assemble the product
- Provide all necessary warning labels to the product and its packaging
- Recall any product that contains defects
If you or a loved one suffered injuries because of any defective product, a lawyer may sue those responsible for the defect.
Animal Attack Cases
Animal attacks can result from the negligence of pet owners and other parties responsible for an aggressive pet, including a dog. Many personal injury lawyers handle dog bite cases and other animal attack lawsuits.
If someone physically assaults another, the person who commits the assault (and any other party who failed to protect the victim) can be financially liable for your medical bills, pain and suffering, and other damages.
Why Many People Let Lawyers Handle Their Personal Injury Case
It’s not a coincidence that a class of lawyers is known as “personal injury attorneys.” These kinds of lawyers focus primarily (and in many cases, exclusively) on representing victims of negligence, who turn to these lawyers because:
Many Victims of Negligence Have No Legal Experience (and Limited Experience with Insurance Claims)
A legal background is helpful whenever someone is handling an insurance claim or lawsuit. In addition to legal training specific to personal injury cases, a lawyer will:
- Have handled personal injury cases before (so long as you choose a lawyer with experience)
- Understand various strategies that may result in the case result you seek
- Anticipate the kinds of tactics liable parties may use to subvert your case
- File a lawsuit if you choose to
Hiring a lawyer means allowing a trained, experienced professional to handle a high-stakes legal matter.
Law Firms Remove Financial Barriers to Hiring Them
Most personal injury law firms work based on contingency fees. When a lawyer works on contingency, they:
- Do not accept upfront compensation from the client
- Agree with the client, in writing, if the lawyer secures compensation, they will receive a percentage of the recovery
- Ensure that any victim of negligence can afford a personal injury lawyer
Many people would not be able to afford a lawyer if it were not for contingency fees, which motivate the attorney to get results for their client.
Law Firms Have Resources Clients Find Valuable
A law firm is more than just a team of attorneys. When you hire a personal injury lawyer, you should also get:
- Financial resources
- Help from experts
- Paralegals
- Investigators
- Many other resources that may prove directly beneficial to your case
These kinds of resources are included in your lawyer’s fee.
A Lawyer Has the Time and Energy to Resolve Cases Efficiently
Plaintiffs in personal injury cases have usually suffered some type of harm, sometimes an injury or loss of a loved one. People facing such difficult circumstances usually have little spare time, little tolerance for stress, and a substantial need for help.
A lawyer may be exactly what you need in the wake of a harmful event. Find yours and hire them to fight for the compensation you deserve.
How a Personal Injury Attorney Will Help You
Personal injury lawyers create personalized plans for each case they handle. While you can expect your attorney to mold their approach to you, you should also expect them to:
Investigate and Document the Event That Has Led to the Personal Injury Case
Attorneys investigate all kinds of harmful events, from surgical errors to car accidents. Your lawyer will obtain all evidence that helps prove liable parties’ negligence, which can include:
- Expert testimony, which can state in no uncertain terms who is responsible for the harm you’ve suffered
- Eyewitness accounts
- Relevant video footage and photographs
- Any relevant police reports
If your case calls for it, your lawyer may even reconstruct an accident with the assistance of experts and conduct any necessary environmental testing.
Document Your Damages
Personal injury lawyers often document clients’ injuries, illnesses, and resulting damages using:
- Healthcare records
- Medical bills
- Testimony from experts (such as doctors, therapists, and economists)
- Relevant invoices
Your attorney may use your own words. For instance, you may be most qualified to explain any pain, anxiety, and other types of pain and suffering you’ve endured.
Calculate a Case Value (That Includes Future Damages, Too)
Attorneys determine exactly how much compensation their clients deserve, including both:
- Damages the client has already suffered when they hire the lawyer
- Damages the client suffers while the lawyer represents them
- Damages the client may suffer after their case is complete
Your lawyer will become familiar with your injuries, pain and suffering, and all other damages. Before they advise you to accept a settlement, your lawyer will have pinpointed an accurate case value.
Negotiate a Settlement
Settling may be the preferred way to complete your case. Victims of negligence don’t typically want to wait any longer than they have to for fair compensation, and a settlement may be the most direct path to you getting paid.
Of course, your attorney will only advise you to accept a settlement if they believe the offer is fair. In the end, the decision is up to you.
Take Your Case to Court, If Necessary
Settling is not your only option. In many cases, those who file personal injury lawsuits are also eligible for a trial. Just know that:
- Going to trial almost always extends the timeline for personal injury cases
- A trial can alter your fee agreement with your attorney
- Trials always come with risk (namely that a jury will not award you the compensation you deserve)
Even so, many victims of negligence decide to pursue trials every year, particularly when they feel their case is strong.
Handle Every Other Aspect of Your Personal Injury Case
Your legal team will handle all communications, paperwork, and other case details. Law firms are composed so that they can manage many responsibilities at once, allowing you to focus on your health.
Damages Often Included in Personal Injury Cases
When clients have non-fatal injuries and illnesses, they often deserve compensation for:
- All medical services required because of the defendant’s negligence
- Medical items like medications and medical equipment
- Pain and suffering
- Mental health treatment
- Lost income
- Diminished earning capacity
- Property expenses (like vehicle repairs)
If you face long-term injuries (which may include disabling injuries), your attorney will work with experts to project future costs, like the permanent loss of income.
Personal injury attorneys also represent clients who lose loved ones because of negligence. These cases are taxing and difficult for everyone involved (especially the client), but are necessary to ensure justice for survivors.
Don’t Wait to Hire a Personal Injury Attorney
Statutes of limitations require personal injury lawyers to file lawsuits within a certain period of time after a harmful event, like a car accident or wrongful death. This is one of many reasons to hire your attorney as soon as you can.
The internet is a good place to start when looking for a personal injury lawyer in your area. Consider a firm’s reputation and results, and don’t hesitate to complete free consultations with all firms you’re considering for your case.