Common Personal Injury Case Types
September 9, 2020 – Adam Mann
Every day life is full of hazards which can put you and your health at risk. Fortunately, our government has passed laws for individuals and businesses to follow, so that you are safeguarded from these dangers. For example, it is required by law for businesses to put up ‘Wet Floor’ signs when they are mopping or after a spill.
Sometimes, people, from homeowners to business owners, can neglect to follow the established laws to protect their visitors, employees, or customers from the hazardous environments they create. This can result in you being injured, when it could have easily been avoided.
Personal Injury Law or “Tort” Law exists to protect and possibly compensate you in the event that you are injured by another person’s neglect. There are a wide variety of personal injury case types, but we’d like to familiarize you with the most common ones.
Motor vehicle accidents can be devastating. Damages to your vehicle can leave you with expensive repair or replacement costs and loss of your primary mode of transportation. Furthermore, traffic accidents can be dangerous, if not deadly. You can be seriously injured in a car accident. [In 2018, there were over 401,000 car accidents in Florida, which resulted in a total of 254,484 injuries.] Whether it’s an accident involving a car, motorcycle or other automobile, if you are injured as a result of another driver’s neglect or carelessness, you may be eligible to receive compensation.
Traffic accidents are not limited to motor vehicles. In fact, the CDC reported that an estimated 137,000 pedestrians suffered from crash-related injuries in 2017. Pedestrians are also far more likely to be fatally injured in a car crash. If you plan on walking somewhere where there is vehicle traffic, be sober, safe, and alert to help reduce the chances of an accident. Walk
on the sidewalk if there is one. If not, walk on the shoulder facing traffic. Use a flashlight and wear reflective clothing to increase your visibility at night.
Unfortunately, bicyclists also can be at risk for injury in a car crash. In Florida, a bicycle is legally defined as a vehicle, and the cyclist is the driver. This means that a bicyclist is responsible for obeying the same traffic laws as motor vehicles. This includes obeying all traffic controls and signals. Bicyclists should also indicate when switching lanes or turning. These laws and regulations exist to make the actions of bicyclists predictable to other drivers, reducing the probability of an accident. Be sure to follow these guidelines, always wear a helmet, and always stay alert when biking.
Premises Liability and Property Negligence
Property owners have a legal responsibility to make their premises safe for everyone who uses them. This includes customers, clients and any other person who visits premises such as residences, offices, parking lots, shopping malls and more. However, negligence can quickly lead to hazards.
Negligent behavior can include improper supervision, insufficient property inspections, inadequate systematic maintenance, insufficient staffing, and other oversights.
For example, a shopping mall with escalators or elevators is required to perform routine and regular maintenance. Failing to do so could cause a malfunction and consequently, the injury of the users. Similarly, insufficient property inspection could mean that a broken railing at that mall could go unnoticed. This could also lead to the injury of a customer.
We have a number of case studies available on our website. If you’d like to read more about how our lawyers have defended our clients and their rights in premises liability cases, head to: https://www.cohenandcohenlaw.com/case-studies/premises-liability-west-palm-beach/
Products liability and Defective Products
If you’ve ever bought something from the store and opened it only to find it’s broken or missing pieces, you’re not alone. Most of the time, this is a small, inconsequential issue. You can just return the item to the store in exchange for one that works. Sometimes however, a product defect isn’t always obvious at first, and it could lead to a serious injury.
Let’s say you buy a brand new set of pots and pans for your kitchen. You’re having your family over for a big pasta dinner. While you’re carrying the pot of boiling hot pasta to the sink to strain it, the handles snap off. Almost instantaneously, boiling water has splashed all over your leg, causing severely painful burns.
This is an example of a product liability and defective product case. Companies that manufacture and distribute products have a responsibility to ensure safe, effective products get into the hands of their consumers. In this case, the manufacturer of the pot can be held responsible for a manufacturing or design defect which caused your leg to be burned. You may be entitled to compensation for your pain and suffering, past and future medical expenses, lost wages, and more.
Similarly, products with improper marketing or labels can also lead to injury or harm. Beauty or cosmetic products which don’t disclose allergens are an example of this. This is known as Marketing and Instruction defect.
Medical negligence of medical doctors, nurses or hospital personnel have the potential to cause serious injuries and even death. There are many errors which can be made for a malpractice lawsuit including: inappropriate treatment, prematurely discharging a patient, improper diagnoses, and many more.
A wrongful death occurs when a person’s negligent conduct results in the death of another person. The loss of a loved one can be extremely difficult for those that are left behind, but it can be even more difficult if their death is directly caused by the negligence or carelessness of a person or business. The most common types of wrongful death cases actually include the above case types.
In 2018, over 3,000 people lost their lives in a car crash. Furthermore, the majority of deaths in a car accident are usually the result of a driver’s negligence. This negligence can include but is not limited to speeding, reckless driving, and driving under the influence. If this is the case, that driver can be held liable for the deaths of anyone else involved in the accident. The city or county can also be held liable if the accident was a result of road issues.
Defective products such as medicines and automobiles are both common causes of wrongful deaths as well.
If you ever find yourself affected by one of these situations, and would like to seek compensation for your injury, call Cohen and Cohen Law at 1-800-33-COHEN.
Our team of expert and experienced attorneys will be happy to hear your story, answer any questions, and determine if you have a strong case. For more information on what to expect during your case, contact us.
Ask a Question, Describe Your Situation,
Request a Free Consultation
Your Information Is Safe With Us