7 min read time
Table of Contents
What Is Personal Injury Law?
Personal injury law, also referred to as tort law, is a legal principle that allows individuals who have suffered injuries or damages due to the negligent or intentional actions of another person or entity to seek financial compensation for their losses.
Personal injury laws aim to compensate accident victims for their damages and hold the liable party responsible for their actions; however, for this to happen, the victim (plaintiff) must prove:
- The defendant owed a legal duty of care to the plaintiff
- The defendant breached that duty of care
- The breach directly caused the plaintiff's injuries and damages
- The injuries and damages the plaintiff suffered
Personal injury law can be challenging to navigate, so it's crucial that you contact the experienced Las Vegas personal injury lawyers at the Rodney Okano Car Accident Lawyer Law Firm, who have over 20 years of experience and understand the ins and outs of personal injury law and can ensure maximum compensation in your personal injury case.
Top 12 Most Common Types of Personal Injury Cases
In personal injury law, many types of personal injury cases exist, each with its own legal procedures, complexities, and laws.
Understanding the common types of personal injury cases is crucial for those who have an active personal injury case or those looking to better their knowledge of personal injury law.
1. Car Accident Cases
Car accidents are one of the most common types of personal injury cases due to the number and frequency of drivers on U.S. roads.
Car accidents are often caused by a driver who committed a negligent act, such as speeding, distracted driving, or DUI.
Victims in car accident cases can seek various damages from the negligent driver, including medical expenses, lost wages, pain and suffering, and property damage caused by the car accident.
Our Las Vegas personal injury law firm, the Rodney Okano Car Accident Lawyer Law Firm, specializes in car accidents and has some of the highest-rated car accident attorneys, making us a top choice for Las Vegas car accident victims seeking maximum compensation.
2. Motorcycle Accident Cases
Motorcycle accidents are some of the most damaging personal injury cases, as they often result in severe injuries, such as traumatic brain injuries and internal bleeding, due to the lack of protection a motorcycle provides the motorcyclist against the dangers posed by objects and other vehicles.
Motorcycle crashes are typically the result of the motorcyclist's or another driver's negligence, often due to speeding, unsafe lane changes, driver distraction, or lane splitting.
3. Truck Accident Cases
Due to the size and weight of trucks, truck accident personal injury cases often result in catastrophic injuries and, at times, even fatal injuries.
In cases of commercial truck accidents, liability is often held by the trucking company or the truck driver's employer through the doctrine of vicarious liability.
Victims of truck accidents can often seek large settlements due to trucking companies' requirement to hold large commercial insurance policies.
4. Uber & Lyft Accident Cases
Rideshare accidents are a relatively recent type of personal injury case, emerging with the rise of major rideshare companies like Uber and Lyft, founded in 2009 and 2012, respectively.
Uber and Lyft accident cases differ from taxi accidents, as these rideshare companies classify their drivers as contractors rather than employees. Consequently, seeking compensation from the rideshare company is only possible based on specific factors, such as whether the driver was logged into the app or transporting a passenger at the time of the accident.
Due to the difficulties victims of rideshare accidents can face from the insurance company and the rideshare company itself, it is highly recommended to contact an Uber & Lyft accident lawyer who can help them navigate their way to a fair settlement.
5. Pedestrian Accident Cases
When pedestrian accidents occur, they often result in severe, life-changing injuries, even death, due to the complete lack of protection a pedestrian has against a vehicle.
In pedestrian vs. auto accidents, the driver is almost always at fault, as most states have laws obligating drivers to do their utmost to avoid colliding with a pedestrian, even if the pedestrian was breaking traffic laws by jaywalking or crossing against traffic signals.
However, most pedestrian accidents are not caused by pedestrian negligence but by the driver committing negligent acts such as speeding, failing to yield, or speeding in pedestrian crossing zones or residential areas.
6. Medical Malpractice Cases
Medical malpractice cases are complex types of personal injury cases that arise from a healthcare provider's negligence or error that results in injury or death to a patient.
Medical malpractice cases are often sophisticated cases due to the medical errors usually taking place in surgery or through misdiagnosis, which requires assistance from both medical experts and a personal injury attorney to prove negligence and recover damages.
7. Product Liability Cases
A product liability claim is a type of personal injury case that holds manufacturers, distributors, retailers, or prompters legally responsible for a defective or dangerous product that results in injuries or damages to consumers.
Product liability cases often arise from design flaws, manufacturing defects, or inadequate warnings and instructions.
In cases where a large company releases a defective or dangerous product, it could result in a mass tort product liability claim involving thousands of plaintiffs.
8. Wrongful Death Cases
When a loved one tragically dies due to someone else's negligence, a wrongful death claim can be filed to recover the damages the loss of the loved one caused, including funeral costs, loss of income, and emotional distress suffered by the surviving family members.
Wrongful death claims can typically only be filed by the deceased's family or estate.
9. Workplace Accident Cases
Workplace accidents are incidents in which an employee sustains an injury while performing their job duties.
Workplace accidents can occur in any workplace, but most commonly occur at construction sites and stem from unsafe conditions, equipment failures, lack of training, or failure to follow OSHA regulations.
In workplace accident cases, compensation is often obtained through workers' compensation rather than the injured worker filing a personal injury lawsuit against their employer.
10. Premises Liability Cases
Property owners have a legal obligation to maintain safe premises for their guests, which includes providing adequate security, maintaining stairs, and clearly marking and blocking off any hazards.
When property owners fail to maintain safe premises and an injury results, they may be held liable through a premises liability case, depending on the duty of care owed to the injured person.
11. Slip & Fall Accident Cases
While technically a category of premises liability claims, slips and falls deserve their own section due to how common they are compared to other types of premises liability cases.
Slip and fall accidents can occur in stores, restaurants, and other public buildings where a wet surface or tripping hazard isn't clearly marked for passersby.
12. Dog Bite Cases
If a dog owner knowingly keeps a dangerous dog and that dog goes on to attack somebody, the dog owner could be held liable for the resulting injuries and damages through a personal injury claim.
However, laws relating to dog bites significantly vary between states, so it's important to speak with a skilled personal injury attorney to learn about your potential legal actions.
What Damages Can You Seek in a Personal Injury Claim
When you have a valid personal injury claim, you can be entitled to various economic and non-economic damages, and at times be awarded punitive damages.
Understanding the types of damages you can seek in your personal injury case is crucial to ensuring that you receive fair compensation.
Economic Damages
Economic damages refer to quantifiable losses with a specific dollar amount, typically documented through bills, receipts, or pay stubs.
Common economic damages sought in personal injury claims include:
- Medical expenses (Past and future medical bills)
- Lost wages (Past and future lost income)
- Loss of earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are losses that can not be quantified by a specific amount.
Common non-economic damages that are sought in personal injury cases include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
Punitive damages are typically rare in personal injury claims, as the defendant's actions are usually unintentional and merely negligent.
However, in personal injury cases where the defendant's actions are considered to be extremely reckless or malicious, the court may punish the defendant by awarding punitive damages, which compensate the plaintiff while deterring future egregious conduct from the defendant.
What Is Mass Tort Litigation?
Mass tort litigation is a type of civil lawsuit that involves multiple plaintiffs who have suffered similar injuries or damages due to the negligent or intentional acts of a specific defendant.
In mass tort litigation, plaintiffs are allowed to file their own civil claims while combining pretrial proceedings with other plaintiffs in order to improve the case's efficiency.
Why Hiring a Personal Injury Attorney Is Crucial to Winning Your Case
When seeking to win your personal injury case, it's highly recommended to hire an experienced personal injury attorney, as attempting to navigate a personal injury case alone can be overwhelming and potentially result in your losing your personal injury claim.
Hiring a personal injury attorney can significantly increase your chances of winning your personal injury claim, as an attorney can:
- Accurately determine the value of your personal injury claim
- Handle negotiations and communications with the insurance companies and opposing parties
- Build you a winning case
- Represent you in court, if necessary
To have an experienced attorney handle your personal injury case today, schedule a free consultation with a Las Vegas attorney from the Rodney Okano Car Accident Lawyer Law Firm.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
