Personal injury cases can follow a wide range of incidents, from a simple slip and fall to a catastrophic injury caused by a defective product. Often, the severity of an injury can be a determining factor in whether or not a personal injury case should be pursued. However, it is important to understand the legal criteria that must be met before initiating a case.
What Is a Personal Injury Case?
A personal injury case follows an incident where someone has been harmed, either physically, emotionally, or financially, due to the negligence or intentional actions of another person. To pursue a personal injury case, it must be proven that the defendant failed to exercise reasonable care in preventing harm.
Common examples of personal injury cases include:
- Car accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Defective products
- Workplace injuries
- Assault and battery
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Nursing home abuse
What Warrants a Personal Injury Case?
While any incident that results in an injury can be distressing, not all incidents have a viable personal injury claim. Here are the criteria that must be met to initiate a case:
Liability
You must prove that the defendant was legally responsible for causing the injury. This means that the defendant breached their legal duty of care and that the breach directly caused your injuries.
Damages
You must have suffered some form of harm as a result of the defendant’s actions or inaction. This harm can take the form of physical injuries, emotional distress, or financial loss.
Statute of Limitations
There is a time limit for filing a personal injury case, called the statute of limitations. This varies by state and type of injury but typically ranges from one to four years from the date of the incident. After the statute of limitations has expired, you’re no longer able to file a lawsuit.
Comparative Negligence
In some cases, you may be partially responsible for your injuries. This is known as comparative negligence. In states that follow a comparative negligence system, your damages award will be reduced by the percentage of fault that you bear.
Insurance Coverage
The defendant must have some form of insurance coverage or assets to pay for damages. In cases where the defendant does not have insurance or assets, it may not be worthwhile to pursue legal action.
Examples of Personal Injury Cases
Hot Coffee
In one of the most well-known personal injury cases in the US, a woman suffered third-degree burns after spilling hot coffee from McDonald’s on herself. She was awarded over $2 million, though this amount was later reduced on appeal.
The key factors in this case were the severity of the injuries and the fact that McDonald’s had a history of serving coffee at an overly hot temperature. The woman was able to prove that McDonald’s acted with negligence by continuing this practice and that this negligence directly caused her injuries.
Slip and Fall
A slip and fall accident can occur in any public space, including malls, grocery stores, and restaurants. In a successful slip and fall case, you must prove that the owner of the property had a legal obligation to maintain safe conditions for visitors and that they breached this obligation.
For example, if a restaurant’s floors are wet and slippery, and there are no signs warning customers of this hazard, the owner may be held legally liable for injuries sustained in a slip and fall accident.
Defective Products
A defective product can cause serious injury or even death. Personal injury claims for a defective product are often based on one of three types of defects: design defects, manufacturing defects, or failure to warn defects.
For example, a defective tire that causes a car accident may be due to a manufacturing defect. On the other hand, a car manufacturer that fails to include a warning about a potential safety hazard may be liable for injuries caused by that hazard.
Do You Have a Personal Injury Case?
If you have suffered an injury due to someone else’s negligence, speak to a personal injury lawyer to understand your legal options. At Nowlan Personal Injury Law, we have successfully represented clients in a wide variety of personal injury cases. Our services include handling all communication with insurance companies, filing paperwork, negotiating settlements, and litigating your case in court if necessary.
No matter what type of accident or injury you have suffered, we are committed to helping you get the compensation you deserve. To learn more about our services, contact us today.
