The Most Common Types of Personal Injury Cases

Personal injury can have devastating consequences. For the injured person, they often face high medical bills and treatments. If the injury is severe, they may never fully recover from those injuries and require ongoing care and treatment. In addition to the costs of the injury, many people also suffer losses. Missing work due to the injury, or not being able to return to work due to a disability caused by that injury only compounds the financial devastation they face. In addition, pain and suffering can make it impossible for them to enjoy their lives.

In these situations, the person responsible for the injury should pay all costs and losses the injured person faces. Fortunately, there are legal options for the injured person to get the help they need holding those who caused the injury responsible for these damages. Although there are many types of personal injury cases, certain types of personal injuries are far more common than others.

Car Accidents

Car accidents are the number one cause of personal injury in the U.S. There is an average of 6 million accidents each year causing three million injuries. Two million people are permanently injured due to a car accident. With the rising costs of medical care and ongoing treatments, these injuries create an excessive burden on these people. This is why it is so important to hold those at fault for these accidents responsible for the costs.

Causes of Accidents

The large majority of car accidents are caused by drivers under the influence of drugs or alcohol. Far too often, people use drugs or alcohol and feel that they need to drive while impaired. This reckless behavior creates a dangerous situation for everyone on the roadway. Even using prescribed or over-the-counter medications that have altering effects can make a person unable to properly control a vehicle.

A growing cause of car accidents is distracted driving. Although always a problem, the advent of smartphones has greatly increased the incidents of distracted driving accidents. It is estimated that nine Americans die and a hundred are injured every day due to distracted drivers. These number are a frightful reminder that it is important to stay focused on the road. A vehicle moves very fast. Looking away from the road, even for a few seconds, can cause the driver to miss a hazard in front of them. This causes many of these types of accidents.

Car Accident Injury Claims

Driving under the influence and using a cellphone while driving are illegal activities that cause serious personal injuries. This behavior deserves criminal charges in addition to paying the costs of a personal injury case. Fortunately, most states require drivers carry liability insurance coverage. This provides some protection for those injured in a car accident.

When dealing with an insurance company for a personal injury claim, it is recommended that an attorney assist with the process. Insurance companies are for profit businesses and do what they can to keep their pay outs as low as possible. An attorney will assist in protecting the rights of the injured party. They will negotiate directly with the insurance company to ensure all costs and losses are covered. If necessary, the attorney can assist in fighting the claim in court.

Medical Malpractice

Medical malpractice claims are a specific type of personal injury case. These occur when a patient is injured by their doctor or other medical professional that did not competently perform their job. These injuries can be especially harmful to people because they gave their trust to their medical team to provide the best care possible. However, if the proper care was not provided and the healthcare provider was responsible for the injury, they should be held responsible for the damages caused by those actions.

Medical Malpractice Cases

Medical malpractice is considered the third leading cause of death in the U.S. with most cases going unnoticed or unreported. As many as 225,000 people die each year from medical errors, unnecessary surgeries, infections, and medication effects. Even with the large number of deaths and potentially far more injuries, only about 85,000 medical malpractice lawsuits are filed each year. Of these, approximately only 27% end in a win.

Each state has different laws regarding medical malpractice cases. However, there are basic requirements for a medical malpractice case to proceed. First, there must have been a doctor-patient relationship with the doctor, or medical personnel, that is being sued. Second, the doctor must have been negligent, and that negligence caused the injury. The injury must also have led to specific damages. Many states set limits on the amount a person can receive in a medical malpractice case. Since each state has different laws and these cases can be very difficult, it is important to hire an attorney experienced in such cases.

Slip and Fall Injury

Slip and fall accidents are a type of premise liability personal injury case. More than one million people are injured in a slip and fall accident each year. Nearly 5% of these accidents cause broken bones. They are also the main cause of brain injury and hip fractures. The average medical cost of a slip and fall accident is between 30 and 40 thousand dollars. These injuries also cause an average of eleven missed days of work. Elderly people are more susceptible to these types of personal injury cases.

Most Slip and Fall Injuries are Preventable

Slip and fall injuries are the most preventable type of personal injury. Unfortunately, business owners and individuals do not provide the care to their property to protect customers, employees, and other individuals when they are on their property. When a property owner is negligent, they should be held responsible for the damages they cause.

Slip and Fall Cases

Slip and fall claims are relatively common, especially in businesses. Unfortunately, many people do not pursue a case due to the fear of a trial or other complicated issue that can drag on for years. Often, the insurance company will pay a settlement to cover the injuries caused in the slip and fall accident. Only two percent of these cases actually go to trial. If a person is injured on another person’s property due to their inability to keep the property safe and free of hazards, the property owner should pay for the costs of these injuries.

Negligence, recklessness, or a complete disregard for other people are primary causes for personal injuries. When these accidents occur, the responsible party should pay for all damages and losses. When dealing with a personal injury claim, there are often many legal obstacles that stand in the way. This can often make it difficult for the injured person to get the compensation they need. Fortunately, there are attorneys that provide help in all kinds of personal injury cases.

Oklahoma City Personal Injury Attorney, Bryan Garrett

Bryan Garrett is a personal injury attorney in Oklahoma City, Oklahoma. Call the law firm of Bryan Garrett today for a consultation.

Garret Law personal injury attorney in Oklahoma City

Bryan Garrett is a personal injury attorney in Oklahoma City.

References

https://www.driverknowledge.com/car-accident-statistics/

https://www.nsc.org/road-safety/get-involved/distracted-driving-awareness-month

https://www.galfandberger.com/resources/medical-malpractice-statistics/

https://www.searcylaw.com/wp-content/themes/paperstreet/files/Statistics%20Show%20Medical%20Malpractice%20Cases%20Are%20Not%20an%20Easy%20Windfall%20for%20Plaintiffs.pdf

https://www.nolo.com/legal-encyclopedia/medical-malpractice-basics-29855.html

https://www.askadamskutner.com/slip-and-fall/10-facts-statistics-slip-fall-accidents/

Bryan Garrett PLLC

Bryan Garrett has been dedicated to personal injury law for over 15 years in Oklahoma City. He has achieved excellent results for countless clients, whether through settlement or litigation.

All author posts