Whether it's a car accident, a fall, or even a medical mistake, personal injuries are an unfortunate fact of life. But, while these accidents can turn your life upside down in an instant, in Pennsylvania, personal injury law covers you in the event that you or someone you love is harmed by someone else. So, if you're dealing with a personal injury and aren't sure if you have a case, here is everything you need to know about the different types of personal injury cases and what qualifies as a personal injury in the first place.
What is a Personal Injury?
In Pennsylvania, the definition of a personal injury is quite simple. A personal injury is any physical and/or mental harm suffered by a person due to someone else’s negligence. Essentially, this means that if you are a victim of some sort of accident that wasn’t your fault, you may be able to file a personal injury lawsuit seeking financial compensation for any losses due to medical bills, lost wages, or emotional harm and suffering.
Another vital thing to remember is that you don’t have to be the victim of personal injury to file a lawsuit. For example, wrongful deaths fall under the umbrella of personal injuries, and in the case that one occurs, family members may also be entitled to compensation.
The Many Different Types of Personal Injury Cases
Personal injury cases come in all different shapes and sizes, and while you may already be familiar with some of them, there’s a good chance that there are at least a few that you’re unaware of.
Knowing more about all the different types of cases can help you understand whether or not your situation qualifies as a personal injury. So, here are all the different types of personal injury cases, along with a few examples that you can use for reference.
Negligence
Personal injuries due to negligence are some of the most common and consist of any injury caused by someone else's carelessness. This could include anything from a car accident caused by a drunk driver to slipping and falling on a wet floor in a store that didn’t put out a wet floor sign.
Medical Malpractice
Medical malpractice encompasses any undue harm suffered at the hands of a medical professional. This one can be hard to spot, but common examples include injuries caused by a failure to monitor a patient's safety or well-being, giving unnecessary medication, denying a patient medical treatment, botched surgeries, and more.
Assault or Battery
Assault and battery are pretty self-explanatory. These types of personal injuries are caused by someone else either intentionally or recklessly assaulting or battering the victim.
Wrongful Death
Wrongful death personal injury cases consist of any personal injury case where the victim is killed. Some of the most common wrongful death cases are car and commercial truck accidents, but there are many other examples, including deaths caused by homicide, work accidents, or even building code violations.
Strict Liability
Strict liability cases are those in which an obviously dangerous situation causes harm to the victim. Essentially, if someone else puts the victim in an inherently dangerous situation and they come out with an injury, the person or company who knowingly put the victim in that situation will be liable for the damages.
Strict liability cases are some of the least common, but they may include injuries coming from dangerous animals, unsafe work conditions, or defective products.
Product Liability
Product liability cases are those when a company or person either knowingly or unknowingly sells a product that is defective and ends up causing an injury. There are a ton of different examples of product liability cases out there, and chances are that if you can name a product with a possible defect, it could easily be the cause of a personal injury lawsuit.
However, if you’re looking for more concrete examples, lawsuits involving everything from defective cars and medicines to the presence of asbestos in building materials or, even famously, hot coffee.
How to Win Your Personal Injury Case
It’s one thing to file a personal injury lawsuit, but it won’t do you any good if you don’t win your case. Luckily, the requirements for winning a personal injury lawsuit in Pennsylvania are clear and easy to understand.
There are three different things that you have to prove in order to win a personal injury lawsuit, the first of which has to do with the duty of care. The duty of care is essentially the idea that everyone has a legal obligation not to injure or otherwise cause harm to someone else through their own carelessness. So, in order to win your case, you’ll have to prove that the 3rd party who caused your personal injury did not fulfill this duty.
In addition to violating the duty of care, you’ll also need to prove that this violation caused the injury and that you suffered some sort of losses, whether financial or not. If you think that it’s possible to prove all three, then you probably have a legitimate claim. If not, then your case will not qualify as a personal injury in the court of law.
Contact HoeyLegal Today
Have you suffered losses due to a personal injury? Contact HoeyLegal as soon as possible.
Here at HoeyLegal, we understand how stressful dealing with a recent personal injury can be, and our experienced team is always here to fight for you when you need it most. We even offer free consultations, ensuring that you have nothing to lose by pursuing your case.
So, don't give up your rights as a victim of a personal injury. Contact HoeyLegal and take the first step toward getting the compensation you deserve today.