Common Personal Injury Cases
Many people understand from movies and television shows that personal injury attorneys specialize in recovering money for victims of accidents and the careless conduct of others. Although this area of the law might seem broad, the vast majority of personal injury cases fit into a few distinct categories. Indeed, there are a few common personal injury cases that account for the vast majority of the personal injury lawsuits that are litigated.
Slip and Fall
As people might know from the media, or from a variety of attorney advertisements, slip and fall lawsuits are one of the most common personal injury cases. The basics of a slip and fall lawsuit are very simple. If the owner of a property was negligent in operating their premises, and someone fell as a result of this negligence, then the liable party will likely have to pay the person who has been injured. The condition upon which the plaintiff fell can be a slippery floor, a defect on the premises, an obstacle, or another hazard that caused the injured person to fall. So long as a plaintiff can show that the property-owner created the defective condition, or had actual or constructive notice of the condition, and that the defect is non-trivial, they can usually recover damages
Although slip and falls are one of the common personal injury cases, there are a number of issues that must be contended with in order to succeed in this type of lawsuit. For instance, the defective condition must typically exist long enough on the property to give the owner constructive notice that it was there. In addition, if the condition can be classified as open and obvious, it might be difficult to recover damages unless the plaintiff can show that their vision was obscured, or the condition was a trap. Nevertheless, slip and falls are usually actionable and can lead to a sizable recovery for those who are victims of the negligence of a property owner.
Car Accidents
Another one of the common personal injury cases are car accidents. In many states, such as New York and New Jersey, individuals are not permitted to file lawsuits for minor injuries suffered in car accidents. Unless an injury is deemed to be a “serious injury,” individuals usually must exclusively go through insurance to obtain a recovery. However, if an individual suffered a “serious injury” then they are usually permitted to file a lawsuit.
The types of injuries that constitute a “serious injury” such that an individual can file a lawsuit vary from state to state. However, these injuries usually include death, disfigurement, some types of fractures, and other major claims. Oftentimes, it can be difficult to determine if a given matter meets the “serious injury” threshold, but The Rothman Law Firm has substantial experience with car accident lawsuits and can usually tell if a matter can be presented in court.
Medical Malpractice
Doctors sometimes make mistakes, and oftentimes, these mistakes can form the basis of a claim for medical malpractice lawsuit. In order for a mistake to be considered medical malpractice, the care provided by a doctor needs to fall below the standard of care provided by a reasonably prudent professional with similar training and in a similar community. In addition, in order to bring a medical malpractice action, plaintiffs typically need to obtain an affidavit from another doctor in the same field as the doctor that committed an error, which states that malpractice occurred. This helps ensure that only meritorious medical malpractice claims are filed. The Rothman Law Firm has considerable experience obtaining such affidavits and completing the other steps necessary to succeed in litigating medical malpractice cases.
Medical Devices/Prescription Drugs
Most people have probably seen attorney commercials at some point or another discussing a medical device that injured people. Indeed, sometimes hip transplants, pelvic mesh, or other types of medical devices have issues that could injure patients. Under certain circumstances, these issues could make the company which manufactured these devices liable to injured patients. Most of the time, these types of cases are handled en mass, and courts sometimes establish a special procedure to dispose of matters that are related to certain types of medical devices. As a result, it is important for individuals wishing to sue a medical device manufacturer to consult an attorney that has a substantial amount of experience handling these matters.
Toxic Substances
Another one of the common personal injury cases involves toxic substances. As many people know, asbestos, lead paint, and other chemicals were used in a variety of contexts over a long period of time. Some of these substances cause a number of health issues including cancer, asbestosis, and other problems. Similar to how many medical device cases are handled, courts oftentimes establish special procedures to dispose of cases that relate to certain toxic circumstances. In addition, some companies that used to manufacture certain toxic substances have established trusts that pay out claims to individuals who may have been harmed by their products. Since the rules regarding lawsuits about each toxic substance are different, it is important that individuals wishing to sue based on exposure to certain types of toxic substances should consult with an attorney that has a background with these matters.
The Rothman Law Firm has substantial experience handling all types of personal injury matters. Even if we do not have experience with a particular type of personal injury case, we have connections with a number of other law firms that ensures that will can serve every type of personal injury client. If you would like to talk about your personal injury case with an experienced New York and New Jersey personal injury attorney, please feel free to contact The Rothman Law Firm to request a free legal consultation.