Most Common Types of Personal Injury Cases 

According to the Centers for Disease Control, every year 29.4 million people seek medical attention at emergency rooms for unintentional injuries. When an unintentional injury interrupts your life because of the negligence of someone else, you should be compensated for your losses. However, navigating the legal system alone can be a challenge. That is why hiring a lawyer is often in your best interests as they can help you navigate this complex system. 

Here are some of the most common types of personal injury cases: 

1. Auto Accidents 

It’s no wonder that auto accident injuries are one of the most common types of personal injury claims because there are roughly over 6.7 million motor vehicle accidents in the United States each year. If you’ve been in a car accident that you believe is a result of the negligence of the other driver then contacting the lawyer as soon as possible is often in your best interest.

Whether the accident involved drunk driving, speeding, or reckless driving, if you’ve been injured because of someone else’s negligence you will need to be able to prove it. This can be difficult to do on your own as you are often recovering from injuries. An experienced lawyer is there to help you through this process. 

2. Slip and Fall Accidents 

Slip and fall accidents are extremely common and can happen to anyone. The elderly are the ones who often face the biggest injuries during them. About 3 million people over the age of 65 are treated in emergency departments for fall injuries each year. 

Many of these accidents happen due to the negligence of another party. Anything from wet floors to broken railings can cause someone to slip and fall, which can result in serious injury. 

3. Medical Malpractice 

Another common claim for personal injury is medical malpractice. Doctors take an oath to do no harm but when they fall short of that serious injuries can happen. According to the National Practitioner’s Data Bank, there are about 60,000 cases of medical malpractice each year. 

Injuries from medical practice can be life-threatening and can even result in death. Some common types are misdiagnosis, childbirth injuries, medication errors, and even failing to treat the illness correctly. 

4. Workplace Injuries 

The National Safety Council has found that every seven seconds a worker is injured on the job. When a business is negligent with the safety of their workers it can lead to horrific injuries that can forever change a person’s life. It doesn’t matter what kind of job you are doing, there can be a serious accident that happens. 

If you have been injured at work it is important you gather as much information as possible to help you with your case. The first step you should take is to seek medical attention and then report the injury. 

Personal injury is common and that is why talking to a personal injury lawyer like our friends at Disparti Law Group, is often in your best interest. 

There are many types of personal injury scenarios that a lawyer will be able to give you legal assistance for. Accidents can happen anywhere and for any reason. If you ever suffer an injury after getting into an accident, talk to a lawyer right away to see if you have a valid case. They will assess your situation to see if you could recover damages, such as medical bills, missed wages, reduced earnings, and damage to property. Personal injury cases are difficult to work on, and if you don’t prepare your case properly, you can miss out on compensation that you deserve. Don’t settle for a lower compensation amount than what you are entitled to and get the help of a lawyer. Some of the following types of cases are ones that a lawyer usually works on. 

Car accidents

Car accidents are one of the most common types of personal injury cases. A driver could be distracted on the road, or they could be choosing to drive recklessly by speeding. They often result in a range of injuries which can be costly to treat, and can change the lives of victims significantly or permanently. A lawyer can help determine what your damages are so that you can be compensated for your losses. 

Slip and falls

People often suffer devastating injuries in a slip and fall accident. These accident scenarios can happen in many types of environments. A victim could have fallen after going down the stairs. There might have been a piece of food or spilled water that they slipped on, causing them to hit their head on the ground or sprain their ankle. These accidents should not be taken lightly or brushed off, because if you have been a victim you deserve to be compensated if negligence plays a role. 

Dog bites

While dogs make for great pets, sometimes owners are not always responsible and fail to train or look after their dogs. A dog who is aggressive or fearful may lash out at unsuspecting people or animals. If you have suffered a dog bite because of a negligent owner, a personal injury lawyer can assist you with filing a claim. 

If you are trying to know who are the best lawyers, consider meeting with a trusted lawyer like one from Cohen & Cohen, P.C., who can offer you quality legal services. For more information about what you can expect when you see a lawyer, act now to schedule a risk-free consultation. 

Asbestos is a deadly substance that is unfortunately found in many places people frequent; homes, offices, and sites of public construction. As a mass tort lawyer from a firm like the Law Office of Daniel J. Stuart, P.A. can explain, since the size of this material is too small to be seen by the human eye, it is very easy for people to ingest asbestos without even knowing it.

Long-term asbestos exposure can cause a host of serious health defects, including mesothelioma. If you have been unwillingly exposed to asbestos, here we answer some frequently asked questions about asbestos law and how to file a claim.

What exactly is asbestos?

Asbestos is a mineral that is both a fire retardant and insulator, and when crushed, it breaks up into fine fibers.

How will I know I’ve been exposed to asbestos?

Some symptoms of asbestos exposure include:

• Shortness of breath
• A cough that doesn’t go away
• Trouble swallowing
• Tightness of the chest
• Pain when coughing
• Coughing up blood

That being said, if you are experiencing any other unusual symptoms dealing with your chest and respiratory system, it is wise to consult a doctor.

Is asbestos still being used today?

Asbestos was used primarily to insulate steam engines between World War II and the 1970s. The United States regulated asbestos use in the 1970s, but you may still be exposed if you come into contact with old material without knowing it, or are working in a space that is not properly following OSHA procedures.

What is mesothelioma?

Mesothelioma is a cancerous tumor that lines the heart, lungs, and stomach. This specific type of cancer is frequently caused by asbestos exposure. 

How long after being exposed should I contact a lawyer?

As soon as you have been properly diagnosed with an asbestos related disease by your doctor, make sure to contact a lawyer. This is because simply being exposed to asbestos is not grounds for a proper lawsuit, whereas suffering from a medical problem is. 

What kind of claim can I file?

When it comes to asbestos exposure, there are two options when it comes to filing a claim. You can:

1. File a product liability (also known as tort) case which will bring a claim against the manufacturers and/or providers of the asbestos that caused the injury. These are considered third-party cases, as they will be brought against the people responsible for the asbestos exposure in the first place.
2. File a workers compensation claim. This will hold your employer responsible for your exposure and is typically used if an employer knows that there is the threat for asbestos exposure and doesn’t do anything to mend the situation.

What kind of damages can I win when filing a lawsuit?

It is almost impossible to predict the specific damages you may be able to win as they depend on the specifics of your case. However, victims of asbestos exposure can expect to win compensation to cover their pain and suffering, medical and insurance bills, and loss of wages due to the illness.

If you believe you have been exposed to asbestos, you do not have to face filing a lawsuit alone. Do not hesitate to contact a law firm today to set up a consultation.

For body aches, particularly neck and back pain, as a result of an injury such as car accidents. Work-related injuries or slip and falls, chiropractic care is a great alternative treatment. Over 20 million Americans have appointments with chiropractors every year for a variety of conditions. If you suffered an injury or have aches and pains due to sitting at a desk throughout the day or a car accident, a chiropractor may be able to help.

The question in many patients’ minds is, “does insurance cover chiropractic care? Here is what you may need to visit a chiropractor with your insurance.

Doctor Referral

You do not always need a doctor’s referral to see a chiropractor. You can go to a chiropractor whenever you want to, but if you want your insurance to pay for it, some policies require you to have a referral from a doctor. The doctor would need to state that you have a valid medical reason to see the chiropractor. Some valid medical reasons may include:

• Chronic migraines
• Stress relief
• Posture improvement
• Chronic pain

A chiropractor like one at Mid-Atlantic Spinal Rehab & Chiropractic uses spinal manipulation to treat pain in a patient’s muscles, bones, joints and connective tissue. Manipulations involve using sudden force to help with the range of motion. Many chiropractors also introduce exercise into the rehabilitation or treatment plan. If a doctor feels as though you would benefit from chiropractic care, he or she can refer you to a chiropractor.

A Medical Necessity

Your doctor’s note would determine whether chiropractic care is a medical necessity. Most insurance companies will only cover care that helps with a particular injury or condition. They do not always allow you to return for follow-up treatment or maintenance care. If maintenance care is not covered under your insurance, you may have to pay out of pocket for care. Continued visits may provide continued healing and reduce your risk of a recurring injury.

A Call From a Doctor

What if your insurance company does not pay for chiropractic care, even with a referral? In this case, you may want to talk to your doctor. Sometimes a doctor can call an insurance company and sway the company to pay for care. He or she can make your case and help you receive the care you need.

A lot of insurance companies do cover chiropractic care if you have a referral from a doctor. As long as your care is medically necessary, you should be covered. If you need more information about paying for your care, contact a chiropractor as soon as possible with questions. If your insurance does not cover it, you may be able to find other payment alternatives.

Do I Need Witnesses for My Personal Injury Claim?

A witness to your accident can be an integral part of your personal injury claim. They can support your side of the story and corroborate evidence with their testimony that will sway the case in your favor. There are two key types of witnesses you’ll want to use in your case: eyewitness accounts and expert witnesses. Keep reading to find out how they can help you with your personal injury case.

Witness to the Accident

First-hand accounts of your accident can be crucial to your case. A friend who’s seen how your accident has affected your daily life can help prove that the accident has caused chronic pain and suffering. Or maybe a dog walker saw your accident also witnessed the other driver looking at his phone when there’s a question of who’s at fault in a car accident. It’s important to get a statement from any and all witnesses to your accident as quickly as possible. Memory is malleable and the further from the accident, the less trustworthy your witness’s testimony may get. Return to the scene of the accident if you can and speak to people who live or work in the area, or check the police report if one exists to get the names and addresses of witnesses the police spoke to.

Expert Witnesses

While the testimony of eyewitnesses is important to a case, so are expert witnesses who have the knowledge and training that can strengthen your case with their expertise. These expert witnesses have insight beyond the common knowledge that a judge or jury may have. Your lawyer can call on a medical specialist to testify about how a slipped disc as the result of a workplace fall may cause serious chronic pain and disability for the rest of your life. Or perhaps they hire an expert who reconstructs accidents to accurately answer questions about how your injuries were sustained when no other eyewitnesses were there to see them. Even an economic expert can be called upon to explain the financial toll your accident will cause you throughout your life.

Be aware that expert witnesses come with higher costs and may not be necessary for straightforward cases. But if your case is complex and the defendant is throwing the blame on you, your lawyer may recommend hiring some to provide clear technical explanations that are difficult to refute.

Witness testimony can be one of the most complicated pieces of evidence you’ll need to collect, but worth it if there’s any doubt about who is at fault. If you believe you may have a cause for a personal injury lawsuit, set up a consultation with a personal injury lawyer as soon as possible.

When you seek medical treatment from a doctor, you expect a certain standard of care. In fact, doctors are responsible for providing treatment and care to the expected standards in their practice. If your doctor acts unreasonably and results in a serious injury or worsening illness, you could be the victim of malpractice. The following guide may help you determine if you have a case against your medical professional.

Did You Suffer Injury or Illness?

Mistakes do not always qualify as malpractice. Even if your doctor clearly acted negligently, if it did not harm you, then he or she is not guilty of malpractice and you may not be able to file a lawsuit. However, if you have medical bills, lost wages, or a substantial change to your lifestyle due to an illness or injury, then you may be a victim of malpractice.

Is Your Doctor Responsible for Your Injury or Illness?

When determining medical malpractice, you have to prove that the medical professional caused or worsened your condition. For example, if you suffer from an illness or disease that the doctor failed to catch, you could be awarded compensation. Often, when a doctor misdiagnoses or fails to diagnose a patient, it could worsen the condition because most illnesses have better outcomes when treated early.

However, just because you didn’t receive the correct diagnosis doesn’t mean medical malpractice. In medicine, nothing is guaranteed. Some illnesses, such as rare cancers can be difficult to diagnose, even when the doctor takes reasonable precautions and orders standard tests. Medical malpractice happens if the doctor was not as prudent as he or she should have been.

How Do You Know If Your Doctor Is Responsible?

Suppose you suffered damages because of a doctor’s mistake, then there is a chance that you have a malpractice case. Ultimately, a jury would have to decide whether the doctor was responsible for what happened. To determine the strength of your case, you should go to a lawyer as soon as possible. He or she will help you collect evidence and consult with experts to determine whether you have a strong case. If your case goes to trial, the jury will consider whether the doctor failed to meet the standard of care.

If you suspect that you could have been a victim of medical malpractice, consult with a medical malpractice lawyer as soon as possible. All lawsuits have a statute of limitations and you want to ensure that you are within the time limit to file the suit. A medical malpractice lawyer can help, build a case against your doctor for malpractice.

If you’ve been a victim of an auto accident, chances are you spent the first few days attending to physical injuries and repairing your car. Contacting a lawyer may be the last thing on your list of stressful things to tackle, but a lawyer may actually make your life easier. In most cases, you have a decent amount of time to contact a lawyer if you so choose, but it’s in your best interest to have a lawyer by your side sooner rather than later.

Understanding the Statute of Limitations

You may be interested in filing a lawsuit against the at-fault driver to pay for physical or property damages. However, from the time the accident occurs, the clock starts ticking. The amount of time you have to file a lawsuit varies from state to state, but on average, you have about 2 to 3 years to file a personal injury claim or a property damage claim. 

If your accident involved a government employee or vehicle, or if your state’s dram shop laws are applicable to your accident, your statute of limitations will be even shorter. Your case will be dismissed if you file outside of this timeline, so having a knowledgeable lawyer who understands your situation will help ensure you file your claim in a timely manner.

Building a Strong Case

If you want a solid case, you should give your lawyer as much time to prepare it as possible. Over time, witness testimonies can waver, integral details can be forgotten, and evidence can go missing, thereby weakening your claim. Additionally, insurance companies may be suspicious of your claim if you file close to the end of your statute of limitations. They may question whether your injuries or damage to your vehicle are from a more recent accident, and you’ll be forced to provide extra evidence to corroborate your claim.

Finding the Right Lawyer

A lawyer’s expert knowledge will not only help you figure out exactly what types of compensation you can acquire and will help protect you against insurance companies that want to deny your claims; they can also ensure you get the appropriate medical care. If you sustained serious injuries, medical bills can quickly become overwhelming, and you might not be able to afford the months it may take for your claim to be processed. Experienced car accident lawyers can help put a hold on bills and put pressure on insurance companies to pay out so that there’s no lapse in healthcare.

Don’t risk your compensation by waiting too long to contact a car accident lawyer, after a car accident, seek out legal counsel today and find out what your options are.

Driving on ice can be very dangerous, and it can result in accidents that involve single or multiple vehicles. You must be aware of how you can recover damages if you are part of a car accident that took place on ice. Check out this explanation regarding coverage for ice-related car accidents.

Liability

You can recover damages if your car accident happened on an icy road. For instance, if you are driving in icy conditions and another vehicle loses control and hits you, you can recover damages via your own insurance company or through the other party’s liability coverage. If you get into an ice-related car accident and can prove that the accident occurred due to a lack of proper maintenance, you can recover damages from the local organization or road clearing company responsible for de-icing that particular roadway.

Reason

Note that reason is an important factor to analyze when dealing with ice-related accidents. A driver is at fault for hitting you because he or she is a reasonable person; a reasonable person who made the choice to drive in less than ideal conditions, drive at a particular speed, drive at a certain distance in relation to your car, or drive knowing that his or her vehicle is not equipped to handle icy weather conditions. As a car accident lawyer like one from Greenspan & Greenspan P.C. can explain, even if the driver who struck you did so because he or she lost control of their vehicle, he or she made specific decisions that led up to the moment wherein the accident occurred, so the driver will still be held accountable.

Prevention

You can prevent ice-related accidents from occurring by taking certain precautions. One such precaution is to drive slowly; maintaining low speeds will help you maneuver through icy roads. If your car has a cruise control function, be sure to turn it off so that you will not be caught off guard if you ever hit a patch of black ice. Also, keep a safe distance between you and the car ahead of you while driving; doing so prevents collisions if you happen to slide or spin out of control. If you choose to drive on icy roads during the winter, invest in snow tires; such tires have more traction and grip than regular ones, preventing you from losing hold over your vehicle.

Car accidents that occur on icy surfaces can be very disastrous, resulting in injury and damage. Contact a car accident lawyer today to pinpoint sources of recovery for an ice-related car accident.