12 Common Types of Cases a Personal Injury Attorney Handles
12 Common Types of Cases a Personal Injury Attorney Handles
Personal injury law is designed to protect individuals who suffer harm due to another party’s negligence or wrongful actions. Hence, understanding the different types of personal injury cases is essential for knowing your rights and options when seeking compensation. Each year in the United States, between 300,000 and 500,000 personal injury claims are filed.
Personal injury lawyers help individuals in securing compensation for injuries caused by the negligence or misconduct of others. From vehicle accidents to medical malpractice claims, a personal injury attorney ensures that victims receive the justice they deserve.
This blog explains the most common types of cases a personal injury attorney handles, how to prove liability in such claims, and the compensation available to injured victims.
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What is a Personal Injury Case and How Does a Lawyer Help?
A personal injury case arises when an individual suffers harm due to the negligence or wrongful actions of another party. The United States Department of Justice shared a detailed analysis of personal injury cases, revealing that 52% stem from car accidents, 15% from medical malpractice, 5% from product liability, and 28% from other causes.
The injured party, known as the plaintiff, may file a claim seeking compensation for damages such as medical expenses, lost wages, pain and suffering, and emotional distress.
A personal injury attorney plays a crucial role in these cases, representing the injured person and guiding them through the legal process. The attorney investigates the incident, gathers evidence, negotiates with insurance companies, and, if necessary, files a personal injury lawsuit on behalf of the client. They help ensure the victim receives fair compensation by calculating both immediate and future losses related to the injury.
Generally, a personal injury law firm works on a contingency fee basis, meaning they only get paid if the case is successful, taking a percentage of the settlement or court award.
Most Common Personal Injury Cases Attorneys Handle
1. Motor Vehicle Accidents
Motor vehicle accidents are among the most common types of personal injury cases. They include car, truck, motorcycle, and pedestrian accidents. Victims often suffer severe injuries, property damage, and financial hardships due to medical bills and lost wages. Personal injury attorneys represent these victims to secure compensation for medical expenses, lost earnings, and emotional distress. According to the National Safety Council Injury Facts, over 42,795 fatal car crashes resulted in the deaths of 46,027 people in 2022.
These cases frequently involve dealing with insurance companies that may attempt to minimize payouts. Attorneys collect evidence such as police reports, witness statements, and medical records to build a strong case. In some cases, accident reconstruction experts may be brought in to determine liability. While many motor vehicle accident claims are settled out of court, some proceed to trial if an agreement cannot be reached.
2. Slip and Fall Accidents
Slip and fall accidents fall within the scope of premises liability claims. These cases arise when a person is injured due to dangerous conditions on someone else’s property, such as wet floors, uneven surfaces, or poor lighting. Slips and falls are the top reason for workers’ compensation claims and the primary cause of workplace injuries among individuals aged 55 and older, as reported by the National Floor Safety Institute.
To succeed in a slip and fall case, personal injury attorneys must demonstrate that the property owner was negligent in maintaining safe conditions. Evidence such as surveillance footage, maintenance logs, and witness testimony may be key to proving liability. Property owners and their insurers often try to deflect responsibility, which makes having a skilled attorney critical for victims seeking fair compensation for medical bills and other damages.
3. Medical Malpractice
Medical malpractice occurs when a healthcare professional or institution fails to provide a standard level of care, leading to injury or death. These cases are the third most common cause of US deaths and are highly complex, involving both legal and medical expertise. Common medical malpractice claims include misdiagnosis, surgical errors, birth injuries, and medication mistakes.
A personal injury lawyer working on medical malpractice cases collaborates with medical experts to prove that negligence occurred. This might involve analyzing medical records, consulting with specialists, and determining whether the standard of care was breached. Around 17,000 malpractice cases are filed annually in the U.S. The statute of limitations for filing medical malpractice claims varies by state, such as two years in Illinois and three years in Washington D.C. from the date of injury.
4. Product Liability
When a defective product injures a consumer, it leads to a product liability case. These products can range from household appliances and pharmaceuticals to automobiles and toys. In 2023, more than 80 million product units were returned to manufacturers.
There are mainly three types of defects: design flaws, manufacturing defects, and failure to provide adequate warnings or instructions. Attorneys must demonstrate that the product was defective, that the defect caused the injury, and that the injury resulted in damages.
Given the complexity of product liability cases, attorneys may work with experts in engineering or product safety to establish the defect. These cases often involve going up against large corporations for recovering compensation for medical expenses, lost wages, and other related damages.
5. Workplace Accidents
Workplace accidents are a significant area of personal injury law. While workers’ compensation typically covers these accidents, there are instances where a personal injury attorney may be needed—especially when a third party, such as a contractor or equipment manufacturer, is involved. Common workplace injuries arise from construction site accidents, machinery malfunctions, and exposure to harmful chemicals.
The Bureau of Labor Statistics (BLS) reports that in 2022, nearly 1 in 5 of all workplace deaths were in the construction sector, with falls, slips, and trips accounting for 38.4% of these fatalities.
In some cases, employees may also have personal injury claims for employer negligence, particularly if safety regulations were violated or if an employer knowingly put workers at risk. Personal injury attorneys handling workplace accidents must navigate both workers’ compensation laws and third-party liability to ensure their clients receive appropriate compensation for lost wages, medical bills, and pain and suffering.
6. Dog Bites and Animal Attacks
Dog bites and other animal attacks can lead to serious physical injuries and psychological trauma. Laws regarding dog bites vary by state, with some states holding the owner strictly liable and others requiring proof of negligence. For example, Missouri follows a strict liability law for dog bites, Wisconsin applies a one-bite rule, and Nevada requires proof of negligence in dog bite cases. A personal injury lawyer helps victims of dog bites or animal attacks hold the pet owner accountable for their injuries.
In a personal injury claim filed for a dog attack, plaintiffs often require evidence such as medical records, witness testimony, and, in some instances, the animal’s history of aggression. In cases where the animal has a history of aggression, local laws and ordinances may also be relevant in determining liability.
7. Wrongful Death
A wrongful death claim is pursued when an individual dies as a result of another party’s negligence or intentional actions. While financial compensation cannot undo the emotional impact of losing a loved one, it can help provide financial security for the family by covering funeral costs, lost income, and emotional pain.
Wrongful death cases can stem from various situations, including motor vehicle accidents, medical malpractice, workplace injuries, or criminal actions. Personal injury attorneys must prove that the death resulted from negligence or intentional harm and that the surviving family members are entitled to damages.
A record $100 million settlement for wrongful death was awarded in a wrongful death case involving a 2018 Grand Canyon helicopter crash, claiming that outdated fuel tanks contributed to the fatal injuries.
8. Sexual Abuse
Sexual abuse cases are highly sensitive and complex, as they involve intentional harm inflicted on a victim, often with lasting emotional and psychological consequences. According to the RAINN, individuals aged 12 to 34 face the greatest risk for rape and sexual assault. While criminal charges may be pursued against the perpetrator, a personal injury attorney can file a civil claim to seek compensation for the victim’s pain, suffering, and other damages.
Attorneys handling sexual abuse cases work closely with their clients to build a case that often includes medical and psychological evaluations, witness testimony, and sometimes expert testimony regarding the long-term impact of the abuse. These cases often involve institutions like schools, religious organizations, or employers, especially when there was a failure to prevent the abuse. Compensation in these cases can help cover therapy costs, lost wages, and emotional trauma.
9. Nursing Home Abuse
Nursing home abuse cases involve the mistreatment or neglect of elderly or disabled individuals in long-term care facilities. This abuse can take many forms, including physical, emotional, financial, or even sexual abuse. Personal injury attorneys help families hold negligent facilities accountable and recover just compensation.
Proving nursing home abuse requires gathering medical records, interviewing staff and other residents, and sometimes working with elder care experts. Attorneys may also investigate the facility’s staffing levels and prior citations for unsafe conditions. Nursing Home Abuse Justice reports that there are 5 million cases of elder abuse annually.
10. Water Contamination
Water contamination cases, such as those involving Camp Lejeune, are a significant type of personal injury case that lawyers handle. These cases arise when individuals are exposed to toxic chemicals through contaminated drinking water, often due to negligence by corporations, government entities, or military installations.
For example, thousands of military personnel and their families at Camp Lejeune were exposed to harmful chemicals like benzene, trichloroethylene (TCE), and perchloroethylene (PCE), leading to severe health conditions such as cancer, birth defects, and neurological disorders.
Lawyers representing victims work alongside environmental experts and toxicologists to establish a direct link between the contamination and the health issues suffered by the victims. These cases often involve large-scale litigation against powerful entities, such as the U.S. government or major corporations, requiring significant legal expertise and resources.
11. Bicycle and Pedestrian Accidents
Bicycle and pedestrian accidents often result in serious injuries due to the lack of protection cyclists and pedestrians have when compared to motor vehicle drivers. These types of personal injury cases typically arise from the negligence of drivers who fail to yield, speed, or drive distracted, causing serious harm to pedestrians or cyclists.
The NHTSA’s Fatality and Injury Reporting System Tool (FIRST) shows that in 2022, pedestrian injuries grew to 67,336 and cyclist injuries to 46,195, up 22.9% and 18.8% from 2020, respectively.
Personal injury attorneys handling these cases work to establish the driver’s negligence, often collecting evidence like traffic camera footage, witness statements, and police reports. In cases where the driver fled the scene (hit-and-run), attorneys may help identify the driver and pursue compensation through uninsured motorist coverage.
12. Premises Liability
Premises liability refers to cases where an individual is injured due to unsafe conditions on someone else’s property. While slip and fall cases are the most common type of premises liability claims, they also include injuries caused by defective staircases, poor lighting, falling objects, or negligent security leading to assaults.
In premises liability cases, a personal injury attorney must prove that the property owner was aware of the dangerous condition or should have known about it and failed to take reasonable steps to fix it. Evidence such as maintenance records, witness statements, and safety code violations may be critical to the case. In premises liability cases, the median compensation for medical expenses, lost wages, and other damages was $90,000.
Proving Negligence in Personal Injury Cases
Proving negligence of the responsible party is essential to winning a personal injury case. To successfully establish negligence, an attorney must prove four key elements:
- Duty of Care: The defendant must have owed a legal duty to the victim. For example, a driver has a duty to follow traffic laws and ensure the safety of others on the road, while a property owner must maintain safe conditions for visitors.
- Breach of Duty: The defendant must have breached that duty by acting in a way that a reasonable person would not have. This can include actions like running a red light, failing to maintain safe property conditions, or performing medical care below acceptable standards.
- Causation: The personal injury lawyer must show that the breach of duty directly caused the victim’s injuries. This is often demonstrated with evidence such as medical records, accident reports, or expert testimony.
- Damages: The victim must have suffered actual harm, such as physical injury, emotional distress, or financial loss, for which they are seeking compensation.
Successfully proving all four elements is critical for securing compensation in a personal injury case.
Types of Compensation in Personal Injury Cases
Compensation in personal injury cases falls into three main categories: economic, non-economic, and punitive damages.
Economic Damages
Economic damages cover measurable financial losses, such as:
- Medical Expenses: Current and future medical bills, surgeries, rehabilitation, and medications.
- Lost Wages: Income lost during recovery and reduced earning capacity due to long-term or permanent disability.
- Property Damage: Costs for repairing or replacing damaged property, like vehicles in a car accident.
Non-Economic Damages
Non-economic damages in a personal injury claim compensate for intangible losses, including:
- Pain and Suffering: Involves physical pain and emotional distress caused by the injury.
- Loss of Enjoyment of Life: Inability to engage in previously enjoyed activities.
- Emotional Distress: Psychological impacts like anxiety, depression, or PTSD.
Punitive Damages
Punitive damages are awarded in cases of gross negligence or intentional harm, aimed at punishing the defendant and deterring similar behavior in the future. These are less common but significant in severe cases.
This ensures victims are compensated for both financial losses and emotional suffering.
Conclusion
Personal injury lawyers employ a unique approach tailored to the specific circumstances of the injury whether it’s a car accident or a premises liability case. An experienced personal injury attorney plays an essential role in helping victims navigate the complex legal system and secure the compensation they deserve. Understanding the types of personal injury cases lawyers handle can help individuals recognize when legal representation is necessary and how an attorney can assist them during difficult times.
If you or a loved one has been injured because of someone’s negligence, reckless behavior, or intentional actions, filing a personal injury lawsuit is the way to rightful compensation. Call (888) 424-5757 for a free consultation with our experienced personal injury lawyer and ensure justice for your losses.
FAQs
What are the types of personal injury cases lawyers handle?
Personal injury cases often involve car accidents, medical negligence, workplace injuries, and slips or falls.
What is the typical range for personal injury settlements?
Personal injury lawsuit settlements can vary greatly, ranging from a few thousand dollars to hundreds of million dollars depending on the specifics of the claim.
What do personal injuries include?
Types of personal injuries include physical injuries (like fractures or traumatic brain injuries), emotional distress, and psychological trauma from accidents or negligence.