Accidents and injuries are common, but when they happen because of the negligent or reckless actions or omissions of another party, they can become the basis for a legal claim. A personal injury action is a civil claim for which the sole remedy is monetary damages. These can include damages not only for direct economic losses such as medical bills and lost earnings, but also for intangibles such as physical and emotional pain and suffering, diminished quality of life, and permanent injury.
Five Most Common Types of Personal Injury Claims
Personal injury law can be applied to injuries that result from numerous types of accidents or events. Here are five of the most common:
Motor Vehicle and Transportation Accidents
There are about 275 million vehicles registered in the US, and a large percentage of Americans use their vehicles to commute to and from work every day. There are also tens of thousands of large commercial trucks that inhabit our roadways on a daily basis – transporting goods to and from every area of the country. Add in the numerous motorcyclists, bicyclists, and pedestrians, and it comes as little surprise that motor vehicle and traffic related accidents are a leading cause of personal injury claims. Most of these accidents are caused by some type of human error, and when this occurs, a personal injury claim can be used to help make the victim whole.
Slip and Fall Accidents
Slips, trips, and falls are another leading cause of a personal injury action. Those who own and operate a business or maintain a public space have a responsibility to keep their premises safe and free of hazards that might do harm to visitors. Unfortunately, they do not always live up to their responsibility. Substandard conditions such as wet and slippery floors, broken tiles or floorboards, cracked or uneven pavement, poor lighting, defective elevators and escalators, loose or broken handrails, and similar dangers can result in slip and fall accidents with serious injuries.
A lot of slip and fall accidents happen in the workplace, and there are many other types of injuries that are common on the job. This is especially true in certain industries that are among the most dangerous, such as mining, building/construction, logging, and road construction work. While a workplace injury might fall under workers’ compensation, many of these injuries can also result in a personal injury claim if a party outside the employer contributes to it. Examples may include third-party subcontractors, faulty product manufacturers, and other vehicle drivers.
Medical errors are among the leading causes of death in America, accounting for somewhere between 250,000 and 500,000 fatalities annually. Usually, a medical negligence claim would be filed against the hospital or doctor when this occurs. West Virginia is among the top 10 states with the most medical malpractice lawsuits.
Thousands of new products hit the market every month, and although they are supposed to go through rigorous testing and meet strict safety standards before becoming available to the public, some products are cleared before they have been proven to be safe. Dangerous and defective products injured thousands of Americans each year, and when this happens, an injury victim can file a product liability claim against the manufacturer, distributor, or any other party within the product’s supply chain.
How Does a Personal Injury Claim Work?
A personal injury lawsuit is generally pursued against the responsible party and/or their insurance company. In many cases, there is a negotiation process that takes place before a lawsuit is filed. The goal of negotiations is to reach a reasonable settlement that fully and fairly compensates the victim without the need to go to trial. Although most cases settle out of court, a victim has a much better chance of securing a favorable settlement when they are working with attorneys who have extensive litigation experience and the proven ability to recover full damages at trial.
Suffered a Personal Injury in West Virginia? Contact Bailey, Javins, and Carter L.C. for Legal Help
If you or someone close to you suffered an injury that was caused by someone else, you need strong legal counsel in your corner fighting hard to recover maximum compensation. If the injury occurred in West Virginia, Bailey, Javins, and Carter L.C. is here to help! Call our office today at (800) 497-0234 or (800) 296-6979 or message us online for a free consultation and case assessment.