Personal injury law is one of the most common legal matters many Americans are likely to encounter. But personal injury is a catch-all term that few people fully understand.
Do you think you may have a personal injury case? Or do you believe that your case doesn’t fall into this category? Find out the real answer — and learn what you can do about it — by learning more about the types of personal injury under this umbrella. Here are eight of the most common — and most surprising.
1. Auto Accidents
Certainly, one of the most likely ways to be injured by the actions of another is through an auto accident. Vehicle accidents may also involve pedestrians, bicyclists, motorcyclists, and even horse riders.
When you’re in an accident, you will most likely either deal with your insurance company or the insurer of the person at fault, depending on state rules. However, other parties may be liable, including other drivers, agencies responsible for road conditions, or even pedestrians. State laws dictate whether a person who contributed toward their own accident may seek damages and how much they can receive.
2. Slip and Fall Cases
When you’re on someone else’s property, they generally have a duty to provide a reasonably safe environment. Therefore, even if you fall when no one is around or partly due to your own actions, you may still be able to show that the property owner was at fault. This may be due to uncleared ice or snow, faulty stairs, uneven ground, or other ignored situations.
Most slip and fall cases are known as unintentional torts, as few people set out to harm their visitors.
3. Slander or Libel
Defamation includes slander (oral defamation) and libel (written defamation). When you suffer defamation, you may pursue damages based on personal injury law. This is because the injury you suffer does not have to be physical or mental. It may also be a solely financial injury.
Defamation occurs when someone publishes in some way — verbally or in writing — intentional lies meant to damage you. In a defamation case, you may end up dealing with an insurance company or suing the defamer directly if they have resources to pay any judgments.
4. Assault or Battery
Has someone committed an assault or battery upon your person? These cases may take a more circuitous route than other personal injury cases because they often involve criminal charges as well as civil ones. The offender who assaulted you in some way may be tried in criminal court, but that may not result in compensation to you. Many victims can — or must — pursue civil litigation regardless of the criminal trial outcome.
5. Medical Malpractice
Malpractice during health care is a complex personal injury. Because it’s a specialized subject and few people have medical training, identifying elements of your care that failed to meet reasonable medical standards is challenging. You may also need to sort out complicated jargon, multiple records, and timelines. Then, your attorney must work to draw a straight and convincing connection for the jury.
6. Product Liability
Anyone making an item for sale also has a duty to provide a safe experience for users. This is known as the implied warranty of merchantability, as the seller implicitly implies that the goods are appropriate for use. Failure in this duty happens when a manufacturer ignores a safety hazard, uses substandard materials, fails to warn buyers of risks, or includes a design flaw.
7. Animal Attacks
The most common source of injury from animal attacks is man’s best friend, the dog. State law varies in how it treats dog bites and other animal-caused injuries. Some states hold owners liable for all animal attacks regardless of the circumstances. Others stipulate that the owner is liable only if they had reason to know that the animal had dangerous propensities. As with slip and fall accidents, property owners may also be liable.
8. Intentional Tort
Not every personal injury falls easily into a single category. In unique circumstances, your injury may simply be categorized as an intentional tort. This catch-all term means someone’s actions intentionally caused your injuries. Again, state law covering miscellaneous torts may require you to prove that the person intended harm or it may allow damages to be collected when no harm was intended.
Does your personal injury fit into any of these categories? Or are you unsure if you have a personal injury claim at all? Because this area of law is broad and varies by state, the best place to start is to meet with an experienced personal injury attorney in your state.
Siben & Siben LLP has assisted New York residents with all their personal injury and other tort cases since 1934. Call today to learn how we can help you identify your case, build a compelling argument, negotiate with insurance companies, and pursue damages in court if necessary.