As an area of practice, personal injury law intends to protect individuals and their property in circumstances where they have been injured or harmed through no fault of their own. Personal injury can occur any time, any place, and for any number of reasons. The most notable cause of personal injury is negligence, which is comprised of four elements:
- Duty of care owed from one person to another,
- Breach of that duty of care,
- Causation, and
- Damages or resulting harm.
There are a number of different cases that may fall under the broad personal injury umbrella, and different types of cases may entitle the injured victim to different types of compensation. Some of the different types of cases and their accompanying compensation are outlined below:
Motor vehicle accidents may be the most common cause of personal injury. Due to the prevalence of traffic accidents, these types of incidents make up the majority of personal injury cases that are filed. Similar to other personal injury laws, an injured person’s ability to obtain compensation following an automobile accident may depend upon the state in which they reside, and what the insurance requirements and policies are.
Employees are certainly not immune from injuries on the job. Workplace injuries are another type of personal injury case, covered under a state’s Workers’ compensation program. Workers’ compensation allows workers who are injured on the job to receive benefits from either their employer, or a third-party lawsuit in the event that someone other than the employer was at fault. Workers’ compensation benefits may pay for surgeries, periods of hospitalization, medical supplies, and prescriptions that may be needed following injury. Furthermore, workers’ compensation benefits also ensure that injured persons receive some portion of their average weekly wage during the period in which they are unable to work. Each state’s workers’ compensation program varies, and some may cover vocational or occupational training for those workers who will have to change career paths. In any event, injured workers should be mindful of the rules and regulations where they live – and a personal injury attorney can help.
Injury from a Defective Product
In the event that you sustain injury from a defective product, you may be able to recover compensation in what is known as a product liability case. Manufacturers are obligated to make sure that the products they put into the stream of commerce are safe for use by the public. Aside from producing safe products, there also must be adequate instructions for use, and appropriate warnings to consumers. In the event that there are any manufacturing, design, or warning defects plaguing a product, the company may be held liable to anyone who ends up injured by the product. Manufacturing defects generally arise from some sort of production error, whereas a design defect typically renders the product inherently dangerous. Where there is a failure to provide adequate warning, companies may still be liable for injury.
Medical malpractice cases are another type of personal injury, arising in the event that a certain medical professional’s care does not meet the threshold for that profession. When the standard of care is not met, resulting in injury to a patient, that provider may be held liable for negligence. Common types of medical malpractice may include: missed or delayed diagnosis, surgical errors, unnecessary surgeries, anesthesia errors, labor and delivery errors (could injure the child and/or the mother), among others. Medical malpractice laws may vary across jurisdictions, but a knowledgeable personal injury attorney can help you understand your rights, filing deadlines, and evidentiary requirements to prove your case.
Other Common Injuries
Personal injury really knows no bounds in terms of where, when, and how these incidents take place. Slip and fall injuries, boating injuries, and even injuries from trucking accidents, are not unheard of. Owners of buildings or property may be liable for the injuries of others on their premises. Boats are often the site of slip and falls with their slick decks, and even drinking or negligent operation of the watercraft can cause injury. Trucking is a highly regulated industry in which the drivers work long hours and may end up causing an accident. Driver fatigue, unsecured loads, or even a failure to maintain the cab or trailer can have devastating consequences in an accident.
Some Notes on Compensation
The compensation, sometimes known as damages, awarded in personal injury cases are designed to make the injured person “whole” – that is, as close as possible to the financial and functioning level that they had been prior to the injury. Compensation may be awarded for medical expenses, lost income, future income, pain and suffering, mental anguish, scarring or disfigurement, among other losses.
The law firm of d’Oliveira & Associates has been serving personal injury victims for 25 years and counting. Our attorneys and legal staff have experience handling injury and disability cases, and charge no legal fees until you obtain a settlement or award. Our Johnston personal injury practice is just one of 15 office locations we have, so call toll free, or fill out an online contact form for a free, no obligation case evaluation and get on the road to recovery today.Johnston Personal Injury Lawyer | d’Oliveira & Associates
Johnston, RI 02919
Phone: (401) 490-3549