As a person studying law, you may be familiar with Personal injury law, also known as tort law.
Tort law is in place to ensure safety and justice for those who have had damage inflicted on them by others. The law offers protection to victims by ensuring they get just compensation against intentional or unintentional injuries caused due to someone else’s fault. However, personal injury law encompasses a wide range of case types and there are many types of personal injury lawyers out there with each specializing in certain areas.
For instance, within personal injury law, there are premises liability attorneys, vehicular accident lawyers, sexual abuse attorneys, defective product attorneys and so on.
To make sure you get the best representation and compensation for your injuries and other damages, you need to ensure that you appoint the right type of lawyer. You should engage someone who has experience of handling personal injury cases of a similar nature to yours.
Unintentional tort in personal injury law refers to the injury or harm caused due to carelessness or negligence, or those caused unintentionally. When someone unintentionally causes harm to another, according to personal injury law, he or she is responsible for being negligent.
The defendant in these cases can be an individual, a business entity, a hospital, a government body or any organization.
Vehicular Accident Lawyers
Car Accident Lawyers
Road accidents account for the most injury cases around the world. Here, the term car accident is used to cover all vehicular accidents except for those involving trucks (we’ll talk about that later in the article). An accident often results when one or more drivers do not take due care or does not follow traffic regulations. A careless driver can be held responsible and made liable to compensate the victim for damages. To claim these damages, the victim needs to approach a lawyer that specializes in car accident cases.
Automotive accidents are statistically one of the most serious injury cases that often involve serious injuries. If you’ve been in any accident like this however, claiming damages isn’t as simple as it sounds.
On one hand, you’ll have to provide evidence proving that the held party is responsible for your injuries. On the other hand, you’ll have to keep a check on the limits of your insurance policy because you may not be entitled to full compensation if the amount exceeds the limits of the coverage.
A lawyer who specializes in vehicular accident cases can help you get maximum compensation and identify any outstanding amounts can be claimed from any other entity such as the state government.
Truck Accident Lawyers
When a truck accident occurs, a lot of different parties are involved including the driver, the shipping company, the trucking company, the loaders, and the maintenance crew. Even the truck parts manufacturer can be held responsible. Sometimes, all these parties unite to ensure that no damages are paid to the victim. But, when put under pressure they can fight among themselves.
In spite of increased awareness of the dangers and imposed regulations, truck accidents are on the rise throughout the US. The complexities and disputes involved in these types of cases mean victims require services of attorneys specialized in truck accident cases.
Bicycle and Pedestrian Accident Lawyers
Injuries to pedestrians or cyclists hit by motor vehicles are usually quite extreme, often life-threatening. Certain personal injury attorneys have expertise in these cases and can help you get maximum compensation for damages.
Slip and Fall Case Lawyers
Slip and fall cases, also known as premises liability, are the next most common type of personal injury cases after automotive accidents. These include injury cases that result from an unsafe or defective condition on someone’s property. It may involve any public, private or commercial property such as restaurants, malls, retail stores, gas or petrol stations, someone’s home, a public swimming pool or property given on rent.
The owner of the property has a legal obligation to ensure the safety of the people who visit said property. If a dangerous situation arises, the owner must either eliminate the danger or adequately warn the visitors of the potential risk. However, the responsibilities of the owner vary from one situation to another and are also based on state laws. Moreover, not all injuries would lead to liability.
To claim injuries for slip and fall cases, you’ll have to approach a premises liability lawyer who’d help you prove that the property owner should have known about the danger and failed to act or deal with the threat.
Medical Malpractice Lawyers
A medical practitioner, whether that is a doctor or a nurse, has the responsibility to keep you safe and provide skilled care. Yet, doctors, nurses and other medical practitioners may sometimes fail to live up to the responsibility, with their negligence causing serious injuries. Improper treatment, prescription mistakes, medication errors, misdiagnosis, surgical errors, failure to diagnose serious conditions, and mistakes pertaining to child delivery are some of the most common issues pertaining to medical malpractice.
Since these cases are pretty complex, the expertise of a medical malpractice attorney is vital. For instance, when looking to claim damages for a spinal cord injury, you won’t just have to show that you were injured but also prove how your doctor deviated from the standards of care.
If you’re looking to pursue legal action against injuries caused due to medical malpractice, an expert lawyer, aware of the medical practice standards, can create a better case.
Dog Bite Lawyers
Dogs may be man’s best friend but they can sometimes harm people. They often bite when they’re trying to protect their owner, or when they are threatened. Usually, dog owners don’t want the dog to attack, but it is their responsibility to keep their dog under sufficient control.
Rules presiding dog bite cases vary from state to state. If you’re bitten by a dog, the dog owner may be subject to heavy liability. Other aspects like the owner’s knowledge of the dog’s tendencies and circumstances may impact the liability too. The owner may argue that the victim actually threatened or provoked the dog or was trespassing before being bitten. Depending on which state you’re located in, such arguments can significantly affect the judgments.
Thus, dog bite cases can get very complex. It’s imperative to approach an attorney who has experience in handling such cases.
Nursing Home Neglect Lawyers
Nursing home neglect cases are common, especially where the victim in question has been residing in a nursing home for a long period of time. There are reported cases where an old person, who may or may not have been suffering from health problems, is a victim of intentional or unintentional maltreatment.
In most cases, they’re deprived of proper care which results in injury, malnourishment, health issues, and even death. Some cases also involve intentional physical, psychological or financial abuse. To stand up against such nursing homes and be able to successfully win the trial, you need to look to specialized lawyers.
Construction Accident lawyers
Construction sites usually have a high rate of accidents, since even minor negligence can lead to severe devastation. Instances, when construction companies fail to implement protective measures or meet safety standards for their workers as well as the general public, can lead to personal injury.
When large construction giants are involved, it isn’t that easy to prove your claims and make headway in the trial. An attorney who has sufficient experience in handling construction accident cases can certainly be the ace up your sleeve.
Defective Product Lawyers
How many times do we hear that a defective or expired product caused harm or injury to a customer? Cases like this occur every now and then, as dangerous and defective product is all around us. Sometimes, even missing manuals or lack of warnings can be considered a tort on the manufacturers’ part.
It’s the businesses, government organization or individuals who designed, produced and/or marketed the defected product that is held responsible.
Dangerous consumer products, toys, food, drugs, toxic materials, defective vehicle parts all come under defective product cases. Some common claims include those pertaining to a dangerous drug or other defective pharmaceutical drugs that caused injury, defective medical devices or products, products that don’t serve the intended purpose such as a helmet that fails to withstand the usual force of the motorbike crash.
Many victims of injuries caused by defective products don’t even realize that it was the product defect that led to the injury. An experienced attorney who’s been handling such cases is a great source of help in successfully claiming damages from responsible parties. A defective product lawyer would evaluate the harmful product, display pieces of evidence against responsible entities and help gain maximum compensation for the injuries.
Recreational Accident Lawyers
Recreation can sometimes be hazardous too. Activities like boating, water-skiing, jet-skiing can pose serious threats and cause injuries. Injuries occurring during recreational activities often lead to traumatic emotional and physical injuries. In many cases, it isn’t easy to identify the responsible party.
Sometimes, the operator of the recreational facility is to be blamed, and sometimes defective pieces of equipment or improper safety standards are responsible.
Life is made easy by a specialized attorney lawyer who could help you identify the responsible entity as well as claim just injury compensation.
Intentional Tort Lawyers
Intentional tort in personal injury law refers to the case in which a person is harmed or injured by another person’s conduct and where an intention to do damage can be ascertained.
Since these cases are based on intent as opposed to those caused by negligence, they usually include criminal violence in addition to civil claims. Among the most common intentional tort cases include intentional injury, sexual abuse, and defamation.
Intentional Injury Lawyers
An intentional injury case arises when someone intentionally establishes physical contact with another individual to cause potential harm. Common instances of assaults include domestic violence and stalking, which sometimes result in gun-related injuries. Every day, 310 people are shot in the US, and 100 of those dies. If you’ve been assaulted, you have the right to sue. However, you need a professional lawyer specializing in assault cases who could help you get maximum compensation.
However, assault cases involve massive costs and victims may have to pay outrageous amounts in taxes for filing and resolving cases. A skilled attorney would present different options and guide you on how to claim the damages with minimum possible expenses.
Sexual Abuse Lawyers
According to a study by the National Center of Policy Analysis, 15 out of 16 rapists never go to jail. There are two major reasons behind this: firstly, most victims don’t report the cases and secondly, many of them aren’t aware of their rights to claim the damages. The latter one often holds true when an assailant is a powerful person such as a priest, a physician, a boss or a teacher who usually have support from their organization.
Both children and adults may be a victim of sexual abuse. The US department of justice states that 44% of the victims are under 18 years of age. Child abuse cases are more sensitive as most of the times the victimized children don’t even realize that they’re being abused and even if they do, they don’t have the physical strength to defend themselves. Moreover, children also find it difficult to clearly narrate the incident to others.
On the other hand, adult sexual abuse cases commonly occur with bosses or coworkers, nursing home staff, doctors and law enforcement personnel. Survivors of both adult and child sexual abuse may suffer from mental or physical disorders after the assault such as depression, personality disorders, sleep disorders, post-traumatic disorders, sexually transmitted diseases, pregnancy or eating disorders.
When it comes to claiming damages caused by sexual abuse, one must approach an experienced attorney as there is a high probability that the assailant would deny the charges. An experienced lawyer would help to compensate not only for the injuries limited to the incident but also for the post-incident issues and disorders.
Defamation cases are those in which potential harm is caused to an individual’s reputation or image by false statements. The identity of the plaintiff and the platform on which the statement was made are critical considerations in defamation cases. An ordinary person just needs to establish that a false, defaming statement was made and the loss or harm resulted from it. However, when celebrities claim compensation, things get a little tricky as they need to prove that the false statement was either made intentionally or with negligence of the truth.
If you think someone is liable to compensate you for defamation, again, you’ll require the expertise of a specialized attorney who has been handling demotion cases.
To sum it up, every tort, whether that be intentional or unintentional, is based on two important aspects-liability and damages. Whether the defendant is liable for the injuries you sustained, and, if so, what is the nature and extent of your injuries? When cases are complex and the defendant is powerful, things aren’t that easy. Hiring an appropriate personal injury lawyer or firm is the best way to go ahead with legal proceedings.