What are the Most Common Types of Personal Injury Cases?

Personal injury is a broad category of law that focuses on civil cases involving physical, emotional, and financial/property-related injuries. While many attorneys have experience handling a broad range of cases, some causes of personal injuries are more common than others. Here is what you should know if you suffer an injury:

Auto Accidents

Car accidents happen every day and cause serious injuries. Most occur because of driver recklessness or carelessness. Most negligence-based accidents that result in serious injuries are grounds for legal action. Victims need a sense of closure, and to recover the financial support needed to pay for medical bills and time spent away from work.

If you have been in a car, truck, motorcycle, or pedestrian accident, these tips can help you handle the situation:

• Never leave the scene of an accident.
• Try to document the accident scene as much as possible (gather personal contact information and take pictures).
• Don’t speculate about fault in the police report or when you call your insurance company.
• Seek medical treatment and inform your physician about the accident.
• Keep all records associated with your accident, including medical records, bills, and statements.
• Contact an attorney to learn more about your legal options.

Slip and fall/premises liability

If you slip on someone else’s property and the owner caused or should have reasonably known about the hazard that caused your fall, you may have grounds for a legal claim. Property owners, particularly commercial property owners, are responsible for maintaining safe environments and warning visitors about potential hazards. As a visitor, you are only responsible for using reasonable caution while on the property.

If you fall at a bar, boutique, or on someone’s private property and suffer a serious injury:

• Report the accident to the owner or manager in charge.
• Record witness information and take pictures, if possible.
• Seek medical attention and keep records of all treatments.
• Contact an attorney.

Product liability/defective products

Product manufacturers, including pharmaceutical drug manufacturers, are responsible for ensuring that their designs, manufacturing methods, and distribution practices put consumer safety first. If a consumer uses a product as instructed, the product malfunctions or is defective, and a consumer suffers harm, the manufacturer is liable.

In product-liability cases remember that:

• You need to keep the product to file a claim in most cases.
• You cannot tamper with the product in any way.
• Many product liability cases are large cases filed as class actions or mass torts.
• Product liability is a complex area of practice. An experienced attorney will help you understand your specific situation.

Dog bites

Dog bites are common occurrences, and children are often the victims. Texas has a one-bite rule. If the owner knew or should have known their dog was likely to bite, he or she is strictly liable for the harm caused. Any dog can bite and inflict serious and lasting harm.

In dog-bite cases, the victim carries the burden of proof. Here are some tips for handling this:

• Keep any clothing and take pictures of all injuries.
• Note the circumstances (was the dog reasonably restrained, did the owner warn visitors about aggression, etc.).
• Look for witnesses who can attest to the dog’s behavior.
• Remember that you’re not necessarily attacking the owner, personally. Often, a homeowner’s insurance will pay all or a portion of the damages.

Other common personal injury cases involve intentional harm, such as battery, assault, or emotional harm in the form of defamation. In any personal injury case, consider contacting an attorney as soon as you can. At Gordon, Elias, & Seely, LLP, we’re always available to speak with you about local laws and potential personal injury cases. Contact us today to learn more.