Personal injury law deals with injuries caused by the negligence of another person or by the negligent design or manufacture of a product. Personal injury can be a complex area where injuries can be catastrophic and life-changing.
What are the Different Types of Personal injury Cases?
There are numerous types of accident claims. Though many involve principles of negligence and distinct standards of care, different issues do apply. A list of the more common types of injury claims include the following:
- Auto accidents
- Medical negligence or malpractice
- Product liability or defect
- Toxic Tort
- Drug and defective medical devices
- Dog or animal bites or attacks
- Premises liability or Slip and Fall
- Railroad accidents
- Boating accidents
- Amusement park tragedies
- Bus accidents
- Trucking collisions
All of these types of personal injury claims involve different elements, issues, parties, and deadlines for filing. Further, each element of a claim has to be proved by your accident attorney by the civil standard of proof by a preponderance of the evidence.
To have a claim, you must prove that someone caused your accident by his or her negligent conduct, which breached a duty of care to you. For example, in a car accident case, your attorney has to demonstrate that another motorist violated a traffic law or failed to exercise reasonable caution or care that led to your injury.
Different Issues and Standards May Apply
Medical negligence claims diverge a bit from the usual negligence cases. In these cases, your attorney must show that your health care provider failed to adhere to a minimum standard of care for similar physicians practicing in that medical community. Many states, including California, require that a medical expert in the subject physician’s field of practice first certify that your case has merit before the case can go forward in court.
In premises liability cases, there are issues of notice that must be demonstrated. If you were attacked by a particular animal, California has a strict liability law whereby you merely have to show that a particular animal attacked you.
These cases can also have different statutes of limitations and reporting requirements that must be met or you may lose your right to bring a claim. For instance, if your injury was caused by a city bus or in a municipal building, you have a short time to contact the proper government entity with certain information.
For product liability cases, your attorney must prove that the design or manufacture of the product caused an injury, that the injury was foreseeable to the designer or manufacturer, and that the victim used the product in the manner it was intended to be used.
In wrongful death actions, the personal injury attorney represents the family or estate of the deceased. Any of the various types of personal injury claims can result in a death claim although the damages can be different depending on the survivors who are bringing the claim.
What Can a Personal Injury Lawyer Do?
Personal injury attorneys provide accident victims with legal representation in dealing with insurance adjusters and defense lawyers. They will investigate your accident claim, interview witnesses, obtain documents supporting liability and damages, handle insurance coverage and other issues, and negotiate a settlement of your claims.
If your claim cannot be settled, personal injury lawyers will file your case in court and proceed with the litigation process, which may take months or years in some cases. Injury lawyers are paid on a contingency basis or a percentage of the settlement or money verdict, usually 33% to 40%. If the case does not result in a money settlement or verdict, the attorney receives no compensation.
If you have suffered personal injuries in an accident, it’s important to consult with a skilled San Francisco personal injury law firm right away. Please contact the San Francisco Personal Injury Attorney at the Law Offices of Alex G. Tovarian for an immediate complimentary consultation and analysis of your case.