Establishing a duty of care is the cornerstone of a personal injury lawsuit. Drivers owe each other an obligation to follow traffic laws; manufacturers owe consumers not to sell defective products; and homeowners have an obligation toward guests in their care.
Injury victims may file personal injury suits for medical bills, lost wages due to incapacitation from work and emotional distress. But who do personal injury lawyers sue?
Medical Malpractice
Medical malpractice lawsuits are among the most severe personal injury claims. They involve negligence on behalf of doctors, nurses and healthcare workers that causes harm to their patients through substandard care provision – be it failure to diagnose, treatment error or surgical error.
Hire a lawyer with extensive experience handling medical malpractice cases to assist in gathering evidence of your injuries such as photos, copies of medical records and doctor notes to prove negligence by healthcare workers. A good attorney will also secure expert opinions as part of their representation to establish that there was breach in care standards by healthcare providers.
Your legal representative can also calculate your losses to fight for maximum compensation. These losses could include medical expenses, lost income, household expenses, cancelled plans and trips, pain and suffering and emotional distress. Some states limit how much non-economic damages a victim can claim while others don’t; your lawyer will be able to explain these differences for you.
Car Accidents
Car accidents often result in extensive medical bills, lost income, property damage and emotional trauma for all involved parties involved. Sometimes an at-fault party’s insurer cannot offer enough compensation; thus additional damages must be sought through litigation against them.
An experienced personal injury attorney is an adept communicator and negotiator, who will fight hard on your behalf to obtain maximum compensation from insurance companies for your claim. They understand their tactics for taking advantage of accident victims.
Your lawyer will carefully examine your medical records, obtain a copy of the police report and gather photographic or video evidence in support of your claim. They will also calculate total costs such as medical expenses, lost wages and future loss of earnings; submit a demand letter to the at-fault party’s insurance provider; if they refuse it they’ll file a lawsuit on your behalf until a settlement agreement is reached.
Wrongful Death
Wrongful death cases are among the most heartbreaking forms of personal injury cases that personal injury lawyers deal with, as they involve an argument over which individuals and organizations owe each other legal obligations and duties.
An estate representative or family members who believe a person, company or government entity caused the death of someone they love can file a wrongful death suit to seek compensation for medical bills, funeral costs, pain and suffering and lost income as a result of what caused their loved one’s demise.
Wrongful death claims can be complex and require years to settle. State laws vary as to who can bring such claims; sometimes only the estate representative of the deceased can file them; other times survivors can bring a survival claim and seek damages related to medical costs, physical injuries and emotional trauma experienced before death.
Products Liability
No matter if it be dangerous household appliances causing fires, auto parts that cause accidents, or harmful pharmaceutical side effects: many Americans suffer the unintended consequences of hazardous products sold by manufacturers, suppliers and retailers in the market place. Personal injury lawyers understand how to investigate claims like this one in order to hold defendants responsible and secure compensation for the harm done to individuals by these products.
These cases are governed by strict liability laws. Manufacturers have an obligation to ensure their product is safe for use and comes equipped with adequate instructions and warnings; should they fail in this regard, victims can seek damages from the manufacturer.
Personal injury lawyers handle product liability cases in much the same manner as they would any other personal injury case, emphasizing their ability to establish the direct link between physical injuries and defective products and physical harm sustained as a result of use. It is crucial that any potentially hazardous products do not undergo further alteration. It would be wise for you to bring them directly to your lawyer for inspection – this will preserve evidence for use during litigation proceedings.