Were you or a loved one seriously injured thanks to the actions or negligence of another party? If so, you’ve likely considered filing a personal injury lawsuit against them. However, there are a lot of gray areas between valid tort law cases and unfortunate accidents, and it isn’t always clear whether you have the grounds to take legal action.
What are the signs that you might have a viable case? Read through these personal injury case examples for three of the most clear-cut ones.
You Were in an Accident Where Someone Else Was at Fault
Automobile accidents, the cause of 38,800 deaths each year in the United States, are the quintessential types of personal injury cases. Car accidents may include two vehicles, a vehicle and a bike or motorcycle, or a vehicle and a pedestrian. According to the recent statistics from Denmon Pearlman, 80% of car accidents are caused by distracted driving.
Clear evidence that you were innocent and the other party was at fault might include:
- driving drunk or under the influence of drugs
- distracted driving
- falling asleep at the wheel
- reckless driving or speeding
- ignoring traffic signs or signals
Not all accidents are car accidents, though. The attorneys at davidaylor.com explain that slip and fall accidents can also fall under personal injury law. If you were legally on someone else’s property and were unable to avoid a hazard due to the property owner’s negligence, you might be able to receive compensation for your medical bills, pain, and/or lost wages.
You Were Injured by a Defective Product
Were you hurt by a faulty device or product despite operating it according to the manufacturer’s instructions? There are many personal injury cases won each year for this exact reason.
Product manufacturers have a duty to ensure everything they offer is safe to use long before it goes to market. Unfortunately, some don’t take the time to test their products thoroughly. Others fail to post proper warnings on their products or let them go to market with known defects to increase their profit margins.
To have a valid case, you’ll need proof that you were hurt while using the product under normal conditions and that this defect is one the manufacturer should have reasonably been aware of.
You Were the Victim of Medical Malpractice
Did you know that after heart disease and cancer, medical errors are the third most common reason for death in the United States? At least 250,000 patients die each year due to medical errors and malpractice, and many more are left with permanent health concerns that could have been avoided with proper care.
You might have a legitimate personal injury case if your doctor acted in a manner that was directly harmful to your health, ignored your concerns, or prescribed an inappropriate treatment. An attorney must be able to prove that other medical professionals would have reacted differently to the situation and that the injury wasn’t a result of you going against medical advice.
Do You Have Grounds for a Personal Injury Case?
If you meet any of the qualifications on this personal injury case checklist, it’s time to talk to a lawyer. You might have a solid enough foundation of evidence to file a lawsuit and receive compensation for your injuries. If you still have questions about personal injury cases or other health and legal concerns, keep reading through our site for more helpful content like this.