Personal Injury Cases
Personal injury law, or tort law, encompasses a wide spectrum of cases in which a personal injury has occurred either as a result of negligence or intentional harm. Car accident cases, medical malpractice suits, slip and fall cases, defamation (libel and slander) claims, and assault and battery and other intentional torts are all common types of cases that fall under the umbrella of personal injury law. If you have recently been injured, either intentionally or in an accident, you need to be aware of your rights as a plaintiff and how to go about filing a personal injury lawsuit to recover for damages. Here are a few of the most common types of personal injury lawsuit claims and what you need to know about each one.
Car Accident Cases
One of the most common causes of personal injury cases, car accidents are often caused by careless driving, failure to pay attention to the road, and other types of driver negligence. Careless drivers usually can be held responsible, both legally and financially, for the injuries caused by their recklessness. With the exception of several “no fault” states, in which drivers must collect from their own insurance providers for all but the most serious injuries, personal injury lawsuit claims can and do apply to car accident cases.
Medical Malpractice Cases
When a doctor or other health care provider performs unskilled, incompetent or otherwise harmful medical practices which result in injury, medical malpractice claims can be filed against them. However, it can be difficult to prove that the medical care provided was in fact below standard, and a medical malpractice case usually requires testimony from an expert medical witness to determine whether the medical standard of care was actually upheld.
Slip and Fall Cases
According to the National Safety Council, over 20,000 Americans died as a result of slip and fall accidents in 2007. An additional 7 million people were injured as a result of a slip and fall that same year. Because a slip and fall accident can happen almost anywhere, it is a common personal injury lawsuit claim. Elderly people are more susceptible to sustaining a slip and fall injury, and can be seriously injured or killed in a slip and fall accident if there is damage done to the head, neck or spine. A slip and fall claim can be hard to prove in court if there is not enough evidence of negligence caused by the owner. For example, if a slip and fall accident occurs as the result of a slippery floor with no proper signage, you would have to prove that the owner intentionally failed to rectify the dangerous situation prior to the accident.
Assault and Battery Cases
While assault and battery charges are technically included under both criminal law and tort law, they still account for an extremely large number of personal injury lawsuit claims each year. Anytime you are intentionally attacked and injured by a person or persons, you have the right to file an assault and battery personal injury claim. In addition to the physical injury you sustain from an assault, you are also entitled to file a claim for emotional distress.
Contact Waitz & Downer for Your Personal Injury Case
If you have recently been injured, either intentionally or in an accident, Waitz & Downer can help. Contact us today for a free legal consultation. Our personal injury lawyer will advise you of the type of personal injury claim which needs to be filed, and help you navigate the often-tricky legal process. For personal injury cases in Thibodaux, LA, Waitz & Downer will fight for your rights and help you get the justice you deserve! Contact Waitz & Downer today to speak with one of our experts about your personal injury case!