What is Considered a Personal Injury?

A personal injury occurs when someone suffers physical harm, emotional injury, or property damage due to another’s negligence or recklessness. The person or entity who caused the accident or incident that led to the injury is called the liable party.

In order to win a personal injury case and receive damages, you must have strong and clear evidence, says Isaacson, Schiowitz & Korson, LLP – New York City Personal Injury Lawyer. You could receive damages for your medical expenses, lost wages, property damage (e.g., car repairs or replacement after an auto accident), and other costs related to your personal injury, but only if you prove liability. You are more likely to get fair and just compensation if you hire an attorney who has years of experience in proving liability in personal injury cases.

Read More: What to Do When Suffering an Injury at Work

Practice Areas

Attorneys specialize in fields of law just like doctors specialize in types of medicine. These are some of the most common types of practice areas within personal injury law.

Motor Vehicle Accidents

A personal injury attorney can specialize in the following:

• Bus accidents
• Car accidents
• Motorcycle accidents
• Pedestrian and sidewalk accidents
• Truck accidents

When two or more vehicles collide, or when a vehicle collides with a pedestrian, then one or more parties may be liable. Some of the most common causes of car accidents are distracted driving, drunk driving, driving while fatigued, objects in the road (e.g., animals), speeding, and inclement weather causing dangerous road conditions. Usually, the liable party is the driver who is at fault; for example, when a drunk driver hits a law-abiding driver.

However, if both drivers are responsible for an accident, then under comparative negligence laws, they will each share a percentage of fault for the accident based on the facts of the case. For example, if two cars collided at an intersection and one driver was texting at the time of the accident, but the other was speeding, then the lawyers will debate how much fault each of their clients shares for causing injuries and damages.

Medical Malpractice

In order to successfully win a medical malpractice claim, your attorney must prove the following:

• That a doctor-patient relationship existed: You can’t sue a doctor who gave a free lecture and mentioned a supplement or treatment that you tried with the intention of improving your health but instead caused you harm. When you make an appointment to see a doctor, they legally owe you a duty of care.
• That the healthcare provider breached their duty of care when they failed to meet professional medical standards, resulting in surgical errors, medication errors, or birth injuries
• The breach in their duty of care caused your injuries
• As a result of these injuries, you suffered additional damages such as additional medical expenses to treat the medical error

Read More: Personal Injury: What Is It and How Do You Know if You Have a Case?

Nursing Home Negligence

Elder neglect cases are traumatic, not only to victims, but their families who entrusted the care of their loved ones to a nursing home. Elder abuse can be physical, financial, emotional, or sexual. Examples and types of nursing home negligence include:

• Bed or pressure sores
• Dehydration
• Starvation
• Fall injuries

Slip And Fall Accidents

Under premises liability laws, property managers and landowners are required to maintain their premises by regularly inspecting their facilities for potential risks to people’s safety. Slip and fall accidents commonly occur in areas with wet floors, such as grocery stores after spills, lobbies after heavy rain, or hotel pools. A slip and fall accident can also occur in someone’s home. For example, when contractors are invited onto a private homeowner’s property, the homeowner owes them a duty of care. Traumatic brain injuries, spinal cord injuries, fractured bones, and severe bruising are some of the most common types of injuries resulting from slip and fall accidents.

Why You Should Call A Personal Injury Attorney

You should work with an attorney who is happy to answer any of your questions directly and to the point. They should also respond to your inquiry quickly. Most personal injury attorneys offer free case evaluations to new clients. Because of that, there’s no risk if you reach out and schedule your appointment today. Meeting with an attorney allows you to find out if you have a valid claim, what steps you should take, and what you should not say or do to harm your case. You don’t have to go through the complex legal system alone. Reach out to a personal injury attorney who specializes in the practice area you need.