In the legal field, there are several subsets of practice. One of the largest is personal injury. The umbrella of this branch is found in the civil court. These cases involve an injured party — the plaintiff — taking action against the negligent party who caused the damage. There are many ways that a person can cause someone else physical harm, but there are several common personal injury case types.
Everyone sees a doctor at some point in their life. When the doctor fails a patient causing further injury, pain, or disease progression, the case may fall under medical malpractice. The negligence in medical malpractice revolves around whether the doctor acted contrary to the standard of care and whether that action or failure to act caused the patient damage. Medical facilities, nurses, radiologists, and other medical professionals can be negligent.
The large majority of personal injury cases are those involving motor vehicle crashes. The rate of injury and the danger involved with drivers improperly operating a vehicle make accidents commonplace. State insurance laws — namely fault or no-fault — also determine how crashes are handled. In a no-fault state, the rate of personal injury lawsuits is higher as it is sometimes the only way an injured party can recover money to help with medical bills.
People who get hurt while at work may go through the workers’ compensation process with their employer. This involves filing a claim with the insurance carrier and undergoing an investigation into whether the injury happened on the job or by other means. Once this process is complete, the injured worker may file a personal injury lawsuit if the employer’s negligence led to their accident. For instance, if an unlicensed crane operator was instructed to work a crane that caused another employee harm, the builder may be found negligent. Thus, the employee may recover above and beyond what it did for workers’ compensation.
Slip and Fall
Premises liability involves a party getting hurt because of a homeowner, business owner, or landowner’s negligence. A slip and fall occurring at the grocery store due to a malfunctioning refrigeration unit, for example, may fall under personal injury premises law. If the manager knew or should have known that the unit’s malfunction may cause a slippery floor, they may be liable for the injury.
Personal injury law is meant to assist injured people get the financial compensation to move on after an accident or negligent incident. An attorney, like a workers’ comp attorney from Polsky, Shouldice, & Rosen, P.C., can become a great resource for recovering what is necessary.