Not all injuries or accidents result in legal liability. However, some of them are entirely avoidable. Personal injuries can cause disability or leave you battling life-long illnesses. The law entitles you to compensation in such situations. Sadly, a lot of these cases go unreported. Here are the cases that require legal representation.
1. Medical Malpractice
Medical malpractice occurs when a physician or hospital causes injury to a patient through either neglect or violation of the standard of care. Negligence can happen during diagnosis, treatment, or aftercare. Studies have shown that medical malpractice causes more than 250,000 deaths in America every year. However, this does not mean that all bad results from the doctor constitute medical malpractices. For a case to hold in court, the victim must prove the following:
- There was a violation of the standard of care.
- The patient suffered injuries due to the actions or negligence of the hospital/physician.
- The injury caused significant damage such as loss of income, disability, or pain and hardship.
Medical malpractices have a statute of limitations in almost all states. As a result, you should seek a personal injury lawyer’s service as soon as possible.
2. Toxic Exposure
Personal injuries may result from toxic chemical exposure. It may be due to chemical substances released to the environment or due to a product’s use. These kinds of personal injury cases are a little tricky because chemicals are all around us. Exposure to a particular reagent may cause a different reaction in different people. Other factors, such as age and health, come into play. The grounds for the validity of a toxic exposure lawsuit include
- Breach of Care – It requires proof that the defendant was negligent. Their actions lead to the release of harmful chemicals that contaminated either air or water supply, and the exposure caused health complications.
- Breach of Warranty – Product warranties indicate that products are safe for use. If a product exposes the user to harmful chemicals, then there may be a case.
- Strict Liability – It applies if you followed the user manual provided and used a product for its intended purpose but still got injured.
3. Slips and Falls
Slips and falls may seem like a trivial issue. However, some slips and falls may result in serious injuries. Property owners have a legal duty to ensure that the environment is free of tripping hazards. This applies to the workplace, private and public places. If the fall resulting in injury was due to the owner’s carelessness or negligence, you might have a valid case.
Common causes of falls indoors include uneven steps, slippery or wet floors, torn carpeting, and poor lighting. Likewise, outdoor tripping hazards are the absence of handrails, uneven sidewalks, poor lighting, and holes.
4. Car Accidents
According to the United States Road Crash Statistics, 38,000 Americans are killed by road accidents every year. This makes car accidents among the leading causes of death in America. Further, the studies show that an additional 4 million suffer serious injuries. Most road carnages are caused by human error. That means that one driver failed to observe the road safety rules put in place. Such a driver is usually liable for any injuries suffered by other road users.
For example, in Maryland, car crash victims can choose to sue the careless driver in a small claims court. The maximum compensation you can get is $5,000. If the accident resulted in a death, family members could file a wrongful death lawsuit. A car accident lawyer in Maryland is your best chance of receiving compensation.
5. Assault and Battery
Assault refers to any situation where the victim has a reason to fear for their lives. On the other hand, the battery requires that there is physical contact that leads to injuries. So, in a way, the battery is a form of assault. Battery and assault cases are criminal cases. However, the victim may also choose to file a personal injury claim.
Consult a Personal Injury Attorney
Many personal injury victims give up because they assume their claim is invalid. You can’t know the merits of your case until you speak to a personal injury attorney. Remember, the clock is ticking. Seek help as soon as possible.
Author information: Regina Thomas is a Southern California native who spends her time as a freelance writer and loves cooking at home when she can find the time. Regina loves reading, music, hanging with her friends and family along with her Golden Retriever, Sadie. She loves adventure and living every day to the fullest.