Five Kinds of Personal Injury Cases and Your Options as a Victim
Billion-dollar settlements for personal injury trials often make the news, so it’s easy to assume all tort claims need to involve astronomical damages. The average compensation for such a case is a mere $31,000, with car accidents gaining an average of $16,000. Minor injuries carry an average settlement of $5,000, so tort claims are an option, no matter the severity of the damage.
According to the Michigan Department of Insurance and Financial Services, 2,009 total personal injury claims were filed in Flint in 2021. Of those, 563 were medical malpractice cases, and another 625 involved auto accidents. The remaining 821 claims included general negligence, premises liability, product liability, wrongful death, and other personal injuries. The following are five types of personal injury cases in which Michigan residents sought legal recourse.
Types of Personal Injury Cases and Your Legal Options as a Victim
1. Medical Malpractice
Medical malpractice occurs when a healthcare professional causes injury to a patient through a negligent action or omission. The legal ramifications in the medical world are foreign to many, so it can be challenging to establish whether your doctor is at fault for your suffering. When you hire a Flint, Michigan personal injury lawyer, they’ll gather your medical records and other evidence to establish whether you have a winnable case.
Your claim could cover lost wages, disability, suffering, and healthcare expenses. Most personal injury cases involve claims for pain and suffering, and the more lasting and traumatizing your medical condition is, the higher your compensation will be. Some medical malpractice suits also include the loss of opportunities and experiences. If you’ve canceled a trip, lost relationships, or needed to give up an essential part of your lifestyle due to malpractice, the courts might require your healthcare professional to compensate you.
2. Product Liability Claims
If a defective product causes you harm, you have a course of action. Product liability claims can be made if a product was poorly designed, made, or marketed. Many lawsuits involve multiple defects. The landmark Liebeck v. McDonald’s Restaurants case is an excellent example of this tort. The customer, Stella Liebeck, experienced third-degree burns after spilling hot coffee on her lap after going through a drive-through. McDonald’s lost the lawsuit because its product was judged to be hazardously hot even though Liebeck spilled her drink after receiving it.
Product liability claims are often complex, but liability becomes clearer once evidence has been gathered. Your attorney will investigate whether the product harmed other consumers and whether the design or manufacturing process was negligent. This will support your case and determine your odds of winning compensation.
3. Premises Liability Claims
In 2018, a Texas court ruled in favor of a 23-year-old patron run over by a criminal fleeing a gas station. The business had experienced several criminal incidents and made no changes to protect its patrons. The Ramirez v. Lopez case highlights a negligent third party, but these lawsuits can also include defective building materials and on-premises accidents.
4. Car Accidents
Only 12 US states have no-fault laws requiring insurers to cover injuries regardless of who is at fault. Auto accident injury claims can help with or without an insurer. Your attorney will establish who is at fault and how likely you will secure compensation. Government workers, at-fault drivers, manufacturers, and medical practitioners can all be liable for the damage.
5. Wrongful Death Claims
Wrongful death lawsuits would compensate for losses if a third party is responsible for a loved one’s death. Car accidents and medical malpractice are the leading causes of wrongful deaths in the US, but defective products and work-related accidents follow closely behind. This tort is a civil action but can coexist with criminal prosecution. If the court decides in your favor, you can be compensated for expenses, loss of income, and psychological suffering.
Many personal injury lawsuits involve more than one liable party. Your case might target insurers, at-fault road users, and federal workers in one fell swoop. Every case is as unique as the person launching it, and most are settled out of court. Those that aren’t are often charged by contingency fee, so you only pay your lawyer if you win. This makes tort claims highly accessible for middle and low-income earners.
