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The Six Common Types of Personal Injury Cases

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Accidents happen all the time and in various ways. But a part of accidents can lead to a personal injury lawsuit, and that is negligence. When an individual leaves their duty of care and acts in a manner that causes an accident, these actions can make them liable for injuries they cause to other parties.

The National Centre for Health Statistics estimates around 31 million Americans need treatment due to injuries, in general, every year. Out of that number, two million require hospitalisation. The worst part is that most accidents are due to the negligence of other parties.

While you can never put a dollar amount on the suffering or even death due to injury, you are entitled to compensation if the damage was caused by negligence. Experienced attorneys, like Bohn & Fletcher LLP attorneys, can help you navigate the legal process and get justice.

Here are the most common types of personal injury cases:

1. Auto Accident Injury

About five million car accidents occur in the United States each year, according to the National Highway Traffic Safety Administration. It is no surprise that one of the most common personal injury cases is an auto accident injury.

Car accidents leave victims with neck injuries, back injuries, bruising, and broken bones. These conditions would leave you in pain and bad conditions that can last a lifetime. You can seek compensation for lost wages, medical bills, property damage, and pain and suffering.

2. Slip and Fall Accidents

Slip and fall accidents are very common, especially among older adults. The CDC estimates that about 3 million elderly people are treated annually due to fall injuries.

Most senior citizens fall due to reasons such as wet floors and broken railings. You ought to be compensated accordingly if this is the case.

3. Workplace Injury

Workplace injuries are another all-too-common lawsuit in the realm of personal injuries. Workers can get injured by different types of things, depending on the kind of work and the environment.

Many employers fail to provide their employees with the required equipment as stated by law. This results in dangerous situations where workers are injured, making them unable to earn a living.

If you face an unnecessary injury in the workplace, the employer is liable, especially if the damage was due to not following proper guidelines. This could be from harmful chemicals, poor air quality, and not providing harnesses when working on tall structures, among others.

4. Medical Malpractice

The National Practitioners Data Bank reports more than 60,000 medical payment malpractice reports and adverse action reports cases. Injuries from this malpractice are normally life-altering, and you must be reimbursed for your emotional, physical, and financial hardships.

5. Product Liability

Defective or dangerous products can lead to injuries in different places. A lack of appropriate warnings and operation manuals can also lead to injuries. Harmful products can include drugs, food, medical devices, vehicle parts, and toxic materials.

The government, businesses, or individuals can be held responsible for this type of personal injury. You will have to reach out to a lawyer if an unsafe product injures you. They will evaluate the product, identify the responsible party, and make sure you get maximum compensation for your injury.

6. Wrongful Death

This is a lawsuit when someone is killed as a result of someone else’s carelessness. The suit allows the recovery of damages that are unique and different from non-fatal injury cases.

Conclusion

While accidents can occur anywhere at any time, they should never be due to negligence. If that is the case, the above examples are lawsuits you can file for compensation for the damage and losses you incur. Make sure that you contact an experienced attorney who will guide you through the steps and ensure that you get justice.

What Types of Cases Do Personal Injury Lawyers Handle?

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Personal injury lawyers are usually highly specialised in certain types of law, and their primary objective is to help those who have been injured by someone else. They can be most profitable for those who suffer from serious physical injuries that keep them from returning to work or for people with large settlements. These lawyers will also try to get monetary compensation for their clients.

Types of Cases

1. Motor Vehicle Accidents

People in a car accident would hire personal injury lawyers if they were injured. Many of these cases can involve the possible involvement of the other driver and may require great knowledge to be sure their client is not at fault. The lawyer must first make sure that there was an accident and then examine the physical evidence to see if there was negligence. The terms “substantial” or “gross negligence” determine the compensation for their clients, so it is best to consult a lawyer very soon after an accident. These cases often involve large settlements.

2. Premises Liability

A premise is a piece of property; when someone is injured or dies on your property, premises liability may be the reason. Even if you are not at fault, you can still end up being sued by your guest. Premise liability can cover any injuries sustained on the property, such as slips and falls, dog bites, etc. The main question in these cases is whether or not the owner knew about a hazard but did nothing to correct it. Also, if they were aware of the hazard yet did not inform guests beforehand, they are liable for the incident that occurred afterward.

3. Product Liability

A product liability issue arises when a product (manufactured and sold) has caused injury from infection, congenital disabilities, or other health issues. If you purchased a dangerous product, such as a defective garage door opener, that resulted in an injury, you must give the manufacturer up to three years to file a lawsuit.

4. Medical Malpractice

Medical malpractice is when someone’s health is affected by the negligent actions or lack of action of their doctor or medical staff, and they end up with some complications. This is usually seen in surgeries and hospital stays. It can also be delayed long after the incident occurs. The doctor or medical staff has to show that they intentionally put the patient at risk rather than it being an honest mistake.

5. Workers’ Compensation

Workers’ compensation applies to those people who are injured while they are working. Usually, these injuries happen quickly and involve some sort of on-the-job accident, such as falling down, slipping and falling, or getting cut by a knife or other object on a work site. If you were injured on your job, you should contact your employer immediately and file for workers’ compensation benefits if you were employed when the injury occurred.

6. Assault/Sexual Assault

If you were the victim of an assault or sexual assault, you were likely hurt emotionally and physically. The court system recognises that you are entitled to recover compensation for your suffering. However, make sure you file a police report as soon as possible after your incident because it will be needed if you decide to file a civil suit against someone.

Do not hesitate to contact personal injury lawyers in Jacksonville, FL, if you have been injured in an accident or if there was negligence at the hospital or medical office. These cases are highly specialised types of law and require lawyers who know how to handle them properly and will try their best to get compensation for their clients.

5 Types of Cases Handled by A Personal Injury Lawyer

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Lawyers play a vital role in society by representing different parties in law courts to seek justice. There are different specialties in the legal profession, each dealing with a different type of law. One such specialty is personal injuries.

Product Liability, word cloud concept on white background.

A personal injury claim is filed by a party claiming to be physically, mentally, or emotionally injured by another party because of negligence or by accident. Should this be you, you need the services of a personal injury lawyer. There are different cases that these lawyers can handle, and it’s important to know them. This will assist you in gauging whether you need the services of a personal injury lawyer.

The cases personal injury lawyers handle are:

1. Car Accidents

You probably see car accidents regularly as you go to work, take a stroll, or visit your local store. However, their frequent occurrence doesn’t mean they aren’t serious and can cause severe consequences. You could break your arm or leg and end up in the hospital.

The consequences of car accidents make them the number one cases handled by personal injury lawyers like Boland Romaine and others. Besides the physical harm of breaking your arm, this lawyer can seek compensation for other side effects. You might have lost your job due to a prolonged stay in the hospital and incurred medical expenses to cater to the injuries, among others. These are part of economic injury, and you need compensation.

2. Workplace Accidents

In the course of executing your duties in your workplace, you might get injured. You could be using malfunctioning equipment and end up cutting your hand, or a building or its section could collapse and injure you. Suppose you work in a company that uses poisonous chemicals to arrive at its final product. Over time, you inhale this gas, which puts you in the hospital. It’s an injury in its own right.

Therefore, if you’re in the above situation, you can and should seek the services of a personal injury lawyer. However, to get these compensations, you have to prove you were in the right safety gear while working and were adhering to all the company’s policies regarding safety.

3. Product Liability

In most states, manufacturers are bound by various quality standards that depict their products are fit for human use. They shouldn’t be defective—if a given product has side effects, the company should highlight this clearly on each product as a warning. Should they fail to do so, you can hold them liable if you use one of their substandard products and it causes harm to your body.

You can also seek compensation if they wrongly advertised their product, and you relied on this information to buy their product. For instance, a company can say that a given product does A, B, and C. You proceed to buy it since it can solve A, B, and C. However, after using it, you realise it does D, E, and F, which harm your body. You could get burns, or your skin could peel as a result.

If you’re in any of these scenarios, hire a personal injury lawyer to represent you accordingly in court and get you the compensation you deserve.

4. Municipal Liability

The municipal council is often in charge of public infrastructure within its area of jurisdiction. Being in charge means they’ll maintain, repair, and replace them as needed. However, not all municipal councils take this responsibility seriously, which often leads to accidents. For instance, a damaged road can cause you to trip, fall, and break your leg. Had the municipal council done its job, there’d have been no hole to trigger the fall. You can seek compensation for this through your personal injury lawyer.

Besides roads, unkempt public swimming pools and recreational facilities could also cause injuries.

5. Medical Malpractice

As the name suggests, medical malpractice involves health professionals like doctors and nurses. These parties are bound under the law to offer their services following a code of conduct and standards of procedure. Therefore, should they fail to do so, you can sue them through a personal injury lawyer if their actions cause you harm and injury.

For instance, a doctor could give you a wrong diagnosis and prescription, and you suffer serious side effects that worsen your condition. Besides worsening your condition, their negligence could cause death or disability, which is physical, emotional, and mental injury to you and your family.

Points To Note

Proving negligence isn’t an easy thing to do. Even though you’re right and deserve compensation, you can fail to secure it should you make simple mistakes that the other party can use against you. For instance, you could fail to take your medication after visiting the hospital.

The other party can claim your injuries resulted from not following the doctor’s instructions on taking the medication and not their actions.

Therefore, it’s important to do as you’re told from when the accident occurs until you get your compensation. Also, it’s important to note that you can’t seek compensation after two years since the accident occurred. This timeframe differs from state to state. Find out what applies in your state and act accordingly.

Conclusion

The discussion above shows the cases personal injury lawyer’s handle. Hire a personal injury lawyer if you are in any of the discussed situations. As you do so, know that not all personal injury lawyers will handle the cases mentioned above. Most have specialised in given fields. Do your due diligence and find a lawyer that handles your specific case type. It’ll make the process easier.

Top Reasons Why Healthcare Businesses Get Sued In 2021

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Healthcare businesses work in one of the most sensitive and risky fields, human error or negligence can cause life-threatening problems, and can even lead to death. The stakes are high when dealing with a patient’s health, when things go wrong, it can leave healthcare businesses vulnerable to lawsuits.

There are around 85,000 lawsuits filed for medical malpractice every year, and an estimated 1 million injuries related to medical care, in the United States alone! With the worldwide pandemic, there are now even more cases than ever.

Here are some of the top reasons why healthcare businesses get sued in 2021.

Delayed Diagnosis And Misdiagnosis

The most common cause of lawsuits filed against healthcare professionals is that of misdiagnosis/delayed diagnosis. With about one-third of all cases pertaining to these reasons. The problems that can come from an incorrect diagnosis can be severe, with no fault on the patient, with many cases leading to incorrect or unnecessary surgery, the prescription if incorrect drugs or a serious issue can go untreated. Up to 12 million patients are affected by misdiagnosis each year, with up to 80,000 deaths related to negligence in diagnosis.

One of the top things a healthcare business can do to avoid lawsuits is to prevent misdiagnosis or delayed diagnosis by putting in extra effort and care in the diagnosis process with patients. Healthcare professionals should seek a second opinion on complicated diagnoses, they can also work with nurses to do a preliminary diagnosis to determine the priority of patients. Having a well-trained and competent staff that can spot serious issues and double-check a doctor’s diagnosis can save lives and reduce the risk of ending up in court.

Mistakes With Prescription Drugs

The American Food and Drug Administration is said to receive upwards of 100,000 medication error reports annually. Wrongly prescribed medication is a big problem and is one of the top reasons why healthcare businesses get sued.

Medication errors can come from both patient/caregiver and healthcare professionals. There are nine types of medication errors from healthcare businesses that could lead to a lawsuit, including failure to prescribe a drug, prescribing the wrong drug or dosage, failure to take into account a patient’s medical conditions or drug allergies, or prescribing drugs unlawfully. This is unfortunately quite common with up to 1 in 5 American patients who have received a medical error during hospital stays or receiving health care. Doctors, pharmacists, and caregivers can all be liable for suing from errors with prescription drugs

Medical Procedure Errors

In the United States, there are around 4,000 surgical errors each year, with some resulting in death. Medical procedures and surgeries pose risks either through error, medical complications or because of the complexity of a procedure. When we go in for an operation we are putting our lives in the hands of the medical professionals, but sometimes errors will occur and could lead to a lawsuit from the patient or their families.

Some of these errors can include performing surgery on an incorrect body part, performing a procedure on the incorrect patient, complications with anaesthesia, not following proper medical procedures, or even leaving medical materials inside the body. Medical malpractice cases end 96.5% of the time in settlements, with the average malpractice settlement in The United States is around $300,000 and can have huge implications for any healthcare business.

Medical Malpractice Claims Due To COVID-19

Throughout 2020 as the COVID-19 pandemic spread across the planet, hospitals and healthcare professionals came under a huge amount of pressure from dealing with the virus and the increased number of patients. Through April and June of 2020, there was a 400% increase in medical malpractice reports, with the increase being linked to COVID-19. Following proper pandemic procedures, sourcing the correct medical equipment, and giving proper support to medical staff can help reduce the chance of medical malpractice in the very trying and difficult conditions that have been experienced due to the pandemic.

What Actions Can Be Taken By Authorities?

If a healthcare business is suspect of fraudulent activity or medical malpractice, it may be subject to investigation from the U.S. Department of Health and Human Services (HHS) or the Office of the Inspector General (OIG). If you suspect your healthcare business is under investigation, you may need some OIG investigation tips to help avoid some of the consequences of a conviction. If a healthcare business is in an investigation, it can lose funding from federal programs, receive sizable fines, and can even face criminal charges and medical licenses revoked.

Healthcare Businesses Should Keep Up With The News

Keeping up with current events in any field is important for any business. For businesses in the healthcare industry, it can be important for following medical developments, pandemic-related news, and news relating to medical lawsuits or changes in medical malpractice policy.

You can follow or use certain news platforms to follow industry-specific developments or to publish press releases relating to the field. Taking these steps can help any business interact with other professionals in the industry and keep up-to-date with industry news and developments.

Fraud

Finally, Fraud can be a huge issue in the medical field, with over 300 convictions and over $6 billion in fraudulent claims. Both patients and medical practitioners can be convicted of fraudulent activity and can even result in jap time. The economic cost of fraud can be huge, with an estimated 3-10% of all medical expenditure being fraudulent.

Medical malpractice and fraud will continue to be a big issue throughout the rest of the year. With huge pressure on the healthcare system due to the ongoing pandemic, it will continue to be a difficult and stressful time for healthcare professionals and businesses. Following proper medical practices and taking pandemic precautions seriously will be required to help reduce the instances of healthcare businesses facing lawsuits, fines, loss of licenses, or criminal convictions.

It is the responsibility of every healthcare business to take rigorous measures to make sure their standards and practices are of the highest possible, and all precautions are taken to ensure the safest and most honest treatment for its patients, and the proper care and support for its medical employees.