A personal injury claim can be asserted by a plaintiff when an individual has been physically injured during another’s negligence. The lawsuit asserts that the defendant was liable for injuring the plaintiff and awarding damages to compensate for injuries that exceeded medical and hospital costs, including future care and lost wages. Many different types of personal injury claims can be asserted by a plaintiff, including but not limited to automobile accidents, slip and falls, dog bites, defective products, and more.
Car Accidents
Car accidents occur when a vehicle strikes an object, person, or another vehicle. Under the law, if a motorist negligently operates their car and causes an accident, they are responsible for any damages caused to other parties. As car accidents are extremely common in California and throughout the United States, they are among the most commonly asserted personal injury claims. It is important to note that certain rules and regulations must be followed when pursuing compensation in this case.
Slip and Falls
When a person is injured due to a slip and fall accident, they are considered the victim of premises liability. The definition of premises liability is that business owners and property owners are responsible for ensuring their property is safe for the public to use. If unreasonably dangerous conditions on the property cause an individual’s injuries, then there could be grounds for a lawsuit against the owner. Premises liability cases can also occur when a person injures themselves on someone else’s personal property, such as at a friend or relative’s home.
Dog Bites and Personal Injury Cases
Dog owners should be careful when they own aggressive dogs, especially if the dog is not vaccinated or trained to prevent bites. If the owner does not take proper precautions, a personal injury claim can be filed against them for the injuries that the dog caused. And, even if a dog is owned and taken care of properly, an individual can still be a victim of negligence if the dog injures someone else while they are on their property.
Defective Products and Personal Injury Cases
California Department of Consumer Affairs claims that defective products lead to significant injuries every year. In California, defective products can be manufactured, distributed, or sold in many ways. For a product to be considered defective, there must be negligence by the manufacturer or seller. The injured party may file a claim against the distributor or seller for any harm caused due to their negligence in manufacturing, distributing, or selling defective products.
Medical Malpractice
Medical malpractice claims involve negligence on the part of a medical professional. A doctor or hospital worker’s negligent act or omission can cause an individual to be injured due to medical error. Medical malpractice claims can be filed against hospitals, doctors, nurses, pharmacists, and other medical professionals.
Workplace Accidents
Suppose someone sustains an injury while at work; they can be compensated for the damages due to negligence. Employers play a major role in workplace accidents and should always take steps to ensure that their employees are not injured due to workplace hazards.
Conclusion
California residents should be aware of the most common personal injury claims and what to do if they are injured in such a way. The claims mentioned above are some of the most commonly asserted claims, but there could be other types of accidents that also qualify as personal injury cases. If you have been involved in an accident and think you may have a case, consult with Brown & Gessell in Stockton, CA, today to receive more information about your case and your rights.
