Personal injury law refers to cases involving physical or emotional harm to the plaintiff. Personal injury cases differ from lawsuits involving damages to property and require specialized care from an experienced legal team. The right attorney can help a plaintiff recover all of the damages caused by the defendant. Whether caused by negligence or willful misconduct, personal injury suits can take many different forms. Let's analyze the most common and important practice areas of personal injury law.
Unfortunately, thousands of medical malpractice situations occur every day as a result of hospitals' and healthcare professionals' negligence. Injuries resulting from misdiagnosed illnesses, surgical errors and medication mix-ups are common causes of malpractice claims and can result in large settlements. Negligence can be proven in a number of ways, and every encounter has different variables. Basically, physicians and other medical personnel are negligent if they breach the standard of care. Complying with the standard of care can include thorough examinations, sanitizing any injuries and providing the necessary medication to patients.
Defective Medical Products
Injury or death that results from a failed medical product can leave the product manufacturer or distributor open to a personal injury claim. When a widespread occurrence of defective medical products takes place, a recall is sometimes issued. A few dangerous recalled products include the hernia surgical mesh implant, Essure birth control device and CareFusion's AVEA Ventilator. However, not all dangerous defective medical products are recalled, and many people are still at risk because of them.
When a person is injured while on the job, he or she can file a claim with their employer and under certain circumstances, compensation will be rewarded. As long as the victim files a notice of injury with their employer within 30 days, the process can begin. Filing a claim with the State Board of Workers' Compensation is the next step, which your personal injury attorney can help you through.
Vehicle and Trucking Accidents
An accident resulting from any kind of vehicle, whether it be a car, truck, bus, bicycle, train, or boat, qualifies for a personal injury claim. If you were riding in or driving one of these vehicles and were hit by someone due to their negligence or reckless disregard, then they should pay for any damages to your body and vehicle. Even with the increase in vehicle safety technology, there is still an alarming amount of traffic fatalities every day.