A personal injury lawyer may be required for a variety of events and circumstances. Some situations are unique, while others are more typical, but the majority of them fit into the main categories of personal injury that attorneys handle. As an ordinary citizen, you must be aware of the most prevalent sorts of personal injury lawsuits and how you can seek compensation if you are hurt as a result of someone else’s negligence. To increase your legal understanding so that you can approach a personal injury lawyer, some of the most typical forms of personal injury lawsuits are addressed below.
What is a Personal Injury Case?
When one individual is injured as a result of someone else’s negligence or intentional behavior, a personal injury case arises. Personal injury cases are usually handled without the need for a formal lawsuit, but they do occasionally go to trial. Or, even more likely, the lawsuit will be resolved by mediation or arbitration, which is a middle ground between trial and settlement in which the parties can reach an agreement.
1. Road Claims
Road accidents account for a significant portion of personal injury lawyer claims. Motorcycle accidents, bicycle accidents, passenger injury claims, pedestrian accident claims, and even horseback riding accidents are all covered by road accidents. Car accidents, on the other hand, account for over 80% of all road accident claims.
When a road accident occurs, it is almost always due to someone breaking the rules of the road or driving recklessly. A negligent motorist who causes an accident may be held financially liable for any injuries sustained as a result of the accident. Public entities may be responsible for faulty road design, construction, and/or repair.
2. Slip and Fall Claims
We do a lot of personal injury litigation from slip and fall incidents. Property owners (or, in some situations, individuals who rent property) have a legal duty to keep their premises safe and free of risks so that visitors are not injured. Of course, not all injuries on the premises will result in liability. The extent of a landowner’s legal obligation varies based on the circumstances and the law in effect in the state where the injury happened.
3. Workplace Accidents
According to the National Safety Council, a worker is injured on the job every seven seconds. If you are hurt at work, you have a Workers’ Compensation Claim. We do Workers’ Compensation law in addition to personal injury litigation. You MUST file a Claim Form with your employer, ask your employer/supervisor/HR representative for this form. Your employer MUST provide you with medical attention. Do not wait until problems arise with these claims. Call us for guidance.
4. Claims for Product Responsibility
Personal injury claims might be filed if you are injured as a result of utilizing a defective product. Manufacturing flaws aren’t the only thing that might cause injuries. If a person does not utilize a product as intended due to a lack of clear warnings, labels, or instructions, they may suffer injury. Food, children’s products, pharmaceuticals, electrical gadgets, mechanical devices, medical equipment, and other consumer products are all examples of things that, if defective, might cause injury to people.
An experienced attorney can assist you in filing a personal injury lawyer claim against individuals, businesses, government organizations, or any other entity responsible for the design, manufacture, marketing, or sale of the defective item or product. They’ll assess the severity of your injuries as well as the defective product to make sure you get the most money possible.
5. Injury Caused by Someone’s Intentional Behaviour
You have the right to sue someone who knowingly harms you. Even if they didn’t want to hurt you explicitly, this is still true. If your neighbor tosses a rock at his brother and the rock hits and injures you, you may be able to sue and receive compensation in civil court.
The world is becoming increasingly violent, and gun-related assault injuries are at the top of the list of assault personal injury claims. Assaults, unlike other of the most common types of personal injury lawsuits, are rarely caused by negligence.
When someone decides to hurt another individual, they are committing an assault. In most cases, an assault personal injury claim will be accompanied by a criminal proceeding against the culprit.
7. Dog Bites
According to data gathered by the Centers for Disease Control and Prevention, roughly 4.5 million dog bite injuries are recorded each year in the United States. One out of every five dog bite cases necessitates medical care to treat bite wounds and prevent the victim from contracting deadly illnesses. There can be residual scarring and psychological consequences as well. In most dog bite injury instances, the victim’s damages are covered by the pet owner’s homeowner’s or renter’s insurance policy. In California, there is NO FREE BITE. This is called Strict Liability and the dog owner is responsible for all damages caused by the dog.
What kind of compensation do you hope to receive if you have a personal injury case?
Compensatory and punitive damages are the two primary categories of personal injury compensation damages. These losses are then divided into other groups.
Compensatory damages pay you for the losses suffered as a result of the injury.
Special Compensatory Damages
This sort of personal injury compensation, sometimes known as “economic damages,” are out-of-pocket expenses, past and future medical expenses, wage loss and future wage loss, and any impairment of credit status and/or the amount of debt incurred due to injury. In other words, when you receive special compensatory damages, you are compensated for the expenses you incurred and the income you lost as a result of your injury.
General Compensatory Damages
What happened in your life as a result of your injury? There is no chart, there is no formula. Non-lawyers call these damages “pain and suffering”. It’s more than that. Inconvenience, having to be medicated, not being able to enjoy your hobbies, your work, your family.
Punitive damages are awarded against the party who has caused you injury. These are “punishing damages” and are not covered by insurance. Punitive damages may be awarded if the conduct is intentional, done with malice/conscious disregard. Our list of the top 7 most common types of personal injury cases is only a small sample of the injuries that a victim may face. Contact our Ventura injury lawyer as soon as possible after an accident or injury so that we can determine what legal action if any, should be done. Don’t jeopardize your rights by waiting. Witnesses leave, evidence fades and YOU HAVE THE BURDEN OF PROOF. Let us help you sort through all this. Click here for more info.
Most people don’t anticipate that they will need a personal injury lawyer Ventura, but choosing the right one is one of the most important things you can do to help your injury case. As terrifying as it is to think that we may ever need a lawyer for this, it always helps to hire the best attorney that can provide you with the support and expertise you need to get the highest possible settlement for your case.
Here’s how you can help find the best attorney to guide you through this process, keep these points in mind when researching and evaluating attorneys for your personal injury case.
The more experience that your personal injury attorney Ventura has in injury litigation, the more probable it is that they will win your case. That’s because they’ve seen it all and know how to handle even the most difficult obstacles, such as proving the damages of exceedingly complex, catastrophic injuries and seeing through the gimmicks of dishonest insurance companies.
An accident lawyer with years of experience is likely to be familiar with the type of personal injury case you’re presenting to them.
Make careful to ask the following questions to properly understand an attorney’s degree of experience:
- Is personal injury the main practice area for this attorney, or do they handle many different kinds of practices
- How many years has the attorney and law firm been handling these types of cases?
- Does the attorney have extensive trial experience?
- Are they well-recognized and well-respected in the personal injury law community? (This recognition might be in the form of professional awards, membership/leadership in personal injury or trial lawyer associations, etc.)
- Do they have experience handling the specific type of case you’re dealing with? (For example, if you suffered from a brain injury, does their firm have experience winning compensation in brain injury cases?)
Check their track record
Keep in mind that there are many attorneys with years of expertise who do not have a proven track record of success. For example, they may be notorious for accepting low-ball settlements from insurance companies, or they may lack demonstrated results in winning the most difficult, high-value cases.
Pay attention to their engagement
Trust your instincts. The attorney-client connection is vital, so be sure you appreciate how any lawyer you’re thinking about employing communicates with you and treats you.
Ask them these questions:
- Are they polite and professional?
- How do they answer your questions? Are you satisfied with the answers?
- Do they communicate well?
- Do they seem genuinely concerned about your case?
Understand how payments will take place
Make sure to read the fine print carefully when hiring a new attorney to ensure that you fully understand their payment model so there are no surprises later.
A few good questions to ask include:
- Do they offer a free initial consultation?
- Do they work on a contingency-fee-basis? (This means you only pay the firm legal fees if they win your case. Additionally, your legal fees are taken out of your settlement, or paid by the defendant, so you don’t have any upfront fees related to your legal representation.)
Ask about any additional offerings
It’s important to think about the additional resources your prospective injury lawyer can provide. Some personal injury law firms offer a higher level of assistance with various elements of stages of the case, creating less hassle for you and a smoother experience overall.
Make sure to ask the following:
- Do they have a network of medical professionals they can use to help you find the treatment you need?
- Can they help you find doctors who are willing to work on a lien basis so your medical expenses can be taken out of your settlement or verdict?
- Can they assist with additional services related to your case such as property damage valuation and liens negotiations (i.e., negotiating costs with your medical providers)?
After a mishap in an accident or another incident caused by another person’s negligence, you may be wondering if you truly need to hire a personal injury lawyer. The answer is YES, you do!
The right team of personal injury lawyers Ventura will investigate your case, prove liability by the individuals at fault, and handle all the dealings with the insurance company on your behalf. They will also make sure you don’t get the short end of the deal and will fight for the highest settlement that you can get.
Our Law Offices service the following communities: Oxnard, Thousand Oaks, Simi Valley, Ventura, Camarillo, Moorpark, Santa Paula, Port Hueneme, Ojai and Fillmore. There are a number of smaller villages and rural residential communities scattered from the western coastal corridor to small pockets in the eastern, more mountainous areas of the county. Unincorporated communities include Bardsdale, Casa Conejo, Channel Islands Beach, El Rio, Faria Beach, La Conchita, Lake Sherwood, Meiners Oaks, Mira Monte, Newbury Park, Oak Park, Oak View, Piru, Point Mugu, Saticoy and Somis.
Consultations are always free and cases are always accepted on a contingency fee basis. Our staff has been with us for many years and we work well as a team to provide you with the most effective representation in Ventura County. Do you have a question? Do you want to know if you have case? Fill out our case evaluation form and we will immediately respond with answers to your urgent questions. Remember: In Ventura County, the “fast track” rules require that a case be ready for trial within one year from the date it is filed. Get started with us today
Ventura County benefits from the stability of a diversified economy, enabling it to weather the inevitable ups and downs of economic forces that are out of its control, such as the current housing slide. The county’s economic base has grown more varied and diverse in recent years. Once based primarily on oil and agriculture, the economy has diversified over recent years. Finance, insurance and real estate account for a significant aspect of that diversification, followed by manufacturing and high-tech. Most cities in the county have experienced retail sales growth, but the slowing housing market has had an effect on the real estate and retail industry.
Personal Injury Ventura
Consultations are always free and cases are always accepted on a contingency fee basis. Our staff has been with us for many years and we work well as a team to provide you with the most effective representation in Ventura County.