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Personal Injury Law Basics

Personal injury lawsuits are brought when one individual is harmed by the actions of another. If the at-fault party is proven to be negligent, the victim will be paid a financial sum to cover doctor visits, medical expenses, lost income, and in some cases, additional money for pain and suffering.

The case becomes formal when a personal injury lawyer brings it to civil court. Resolution comes through either the court proceeding and final judgment, or in some cases, the issue is satisfied through an informal settlement for an agreed-upon dollar amount.

Personal Injury Lawsuit Types

Product Liability

One of the most publicized lawsuits in Florida is a product liability case brought against multiple defendants by Charles E. Thornton. The former Miami lab technician won a $70 million settlement after being exposed to asbestos at work and a resulting cancer diagnosis. While most product liability cases thankfully do not involve terminal illness or huge payouts, if you have been injured from using a product or being exposed to a dangerous material, you may be able to sue for product liability.

Premises Liability

The premises’ owner is held liable. There are variations of premises liability:

  • Inadequate property maintenance when, for example, the building owner neglects to properly maintain stairways or fire escapes. Dixie Fire has been a long-lasting yet little-known historical event. When this incident happens, call immediately a lawyer.  A Dixie fire lawsuit lawyer is very familiar with all of the major factors that go into whether or not someone can win such a lawsuit. For instance, it can be a difficult process for a person to obtain compensation if there was a faulty fuel system in the home or in business that killed the person or if the owner neglected to keep the home up to code.
  • Elevator accidents
  • Snow and ice accidents that happen because the sidewalk leading to a building is not properly cleared following a storm
  • Lack of or inadequate security in a building or parking lot which can lead to assault or other injuries
  • Slip-and-falls that can occur in stores, offices, schools and factories. This is a large category of premises liability. Companies spend a great deal of money on premises liability insurance to protect them from expensive litigation and many also participate in employee accident prevention training for the same reason. The National Safety Council provides on-site instruction to educate workers about how to minimize slip-and-fall accidents by recognizing potential hazards and taking preemptive action.

Car Accidents

Tens of millions of dollars are collected each year by victims when motorists cause car accidents because of distracted driving, DUI or other reckless behavior. Motor vehicle accident cases can involve automobiles, cars, pedestrians, motorcycles, scooters, or bicycle riders. If the accident results in a fatality, a wrongful death claim may be filed and the victim’s family has the right to sue.

Wrongful Death

In a wrongful death claim, the victim dies because of another party’s carelessness. Scenarios in which wrongful death occurs most often include motor vehicle accidents, nursing home neglect, accidents at construction sites, airplane crashes, medical malpractice, or a dangerous or defective product.

Medical Malpractice

If you are injured by the actions of a doctor, nurse, or other medical professional, or by the hospital itself, it is called medical malpractice. Various types exist, such as the following:

  • Errors during surgery
  • Prescription medication errors
  • Misdiagnosis, especially in the case of cancer
  • Improper treatments that cause injury or death
  • Injury during birth or delivery of a child

These cases tend to be extremely complex and will require the expertise of an experienced personal injury lawyer.

Finding a Competent Personal Injury Lawyer

Left on their own, too many plaintiffs settle out of court for far less than they should. When you or someone you love has been seriously injured, experienced lawyers such as Gross & Schuster can provide valuable guidance. A detailed comprehension of current laws and regulations is required in any personal injury filing. Negotiating with insurance companies and knowing when to accept the right settlement offer is absolutely necessary.

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