13 Most common personal injury cases

The Ultimate Guide to Car Accident Injury Cases

Seeking Compensation After an Auto Accident

“13 Most Common Personal Injury Cases: Martinez Law Center in California specializes in representing plaintiffs in various injury claims. From car accidents to slip and falls, they ensure justice for victims. Get legal support for your personal injury case.”
Most personal injury claims stem from negligence or wrongdoing. These instances might result from several accidents and negligence. This article covers 13 typical personal injury lawsuit types. Understanding these typical injury claims will help you decide if you have a case and what to do following an incident. Car Accident Injuries
The NHTSA reports about 6 million police-reported automobile collisions annually. These crashes yearly damage 3 million people, from mild to serious disability. Car accidents cost $300 billion annually in medical bills, property damage, missed productivity, and other costs.
Cars can collide with other cars, motorcycles, bicycles, pedestrians, or permanent objects. Whiplash, back injuries, shattered bones, traumatic brain injuries, spinal cord injuries, and death are common vehicle collision injuries. Speeding, distraction, intoxicated driving, irresponsible driving, weather, and more cause crashes.
If another driver’s carelessness caused your car accident, you may have a personal injury claim. After a car collision, get medical assistance, report the occurrence to the police and insurance companies, gather evidence such damage pictures, and call an expert personal injury attorney. A lawyer can establish blame, show damages, negotiate a reasonable settlement, and go to trial to maximize compensation.Single-car crashes, rollovers, and collisions with fixed objects or pedestrians.Injury types include whiplash, back, bone, spinal cord, and brain damage.

Premises Liability: How to Handle Slip and Fall Accidents

Don’t Let a Slip and Fall Injury Go Uncompensated

– Personal injuries sustained as a result of hazardous conditions on the premises of another.
– Examples: slip and fall accidents, inadequate security, failure to warn of dangers.
– FAQ: Can I sue if I get injured in a store? Yes, if the store failed to maintain safe conditions.

✅ Over 1 million hospital visits annually due to slip and fall injuries like broken bones, sprains, and head injuries.
✅ Wet floors, cluttered walkways, poor lighting, broken stairs, lack of handrails.

Surgical Errors to Misdiagnosis: Your Guide to Medical Malpractice Cases

Medical malpractice refers to harm done on purpose by a practitioner. – Examples: surgical mistakes, improper treatment, failure to diagnose.
– FAQ: Do I need an expert witness for a med mal case? Yes, you typically need an expert to establish the proper standard of care.
✅ Failure to diagnose cancer, surgical mistakes, medication errors. 480,000 deaths annually are caused by preventable medical errors.
✅ Get expert reviews of medical records to determine if the standard of care was breached.

Nursing Home Abuse Cases: Signs, Examples, and What to Do

– Abuse and neglect in a nursing home can lead to serious injuries.
– Examples: bedsores, dehydration, malnutrition, physical assault.
– FAQ: What are signs of nursing home abuse? Unexplained injuries, poor hygiene, sudden behavioral changes.
✅ 1-2 million cases of elder abuse in nursing homes reported annually.
✅ Bed sores, dehydration, malnutrition, inappropriate use of medication, physical assault.

Dog Bite Injury Cases: Liability, Laws, and Compensation

– Attacks by dogs, whether in public or on the property of the dog’s owner, can cause serious injuries. – The owner is liable if they knew the dog had a history of aggression. – FAQ: Is the owner always liable for bite injuries? ✅ 20% of dog bites become infected, with over 27,000 needing reconstructive surgery yearly. ✅ Strict liability and one-bite rules in many states make compensation easier.

Bar Fights, Assaults and Your Legal Rights

You Have Rights as an Assault Victim

– Acts of violence that result in bodily harm. Occurs in both public and private settings. – Examples: bar fights, crowds, domestic violence. – FAQ: Can I recover damages if injured in a bar brawl? Yes, damages can be recovered from the at-fault person.
✅ Assault is both a crime and grounds for a personal injury claim against the perpetrator.
✅ You can recover damages even if the act occurred in a place that serves alcohol.

Defective Product Injury Cases: Burned, Amputated or Worse

Injured by a Defective Product? Take Action

Those hurt because of anything that wasn’t safe to utilize.
– Examples: manufacturing defects, design flaws, failure to warn of risks.
– FAQ: Do I sue the retailer or manufacturer for a defective product? Typically the manufacturer, as they are liable for design and warning defects.
✅ Common defects include manufacturing flaws, design defects, and inadequate warnings.
✅ Over $700 million paid annually for settlements and judgments in product liability cases.

Bicycle vs. Car Collisions: Evidence Preservation Tips and Laws

Seeking Damages After a Bike Accident

– Collisions involving bikes and motor vehicles, or bike falls due to road hazards.
– Most often the motor vehicle driver’s fault, but cyclists can share fault too.
– FAQ: Can I recover damages if I was partly at fault in a bike accident? Yes, but your compensation may be reduced based on your percentage of fault.
✅ Over 45,000 bicyclists injured annually in collisions with cars.
✅ Helmet use reduces head injury risk by 60%. Still, less than half of riders wear one.

Fighting for Compensation After a Motorcycle Accident

Don’t Accept an Unfair Settlement for a Motorcycle Crash

– Collisions and falls involving motorcycles. They have higher fatality rates than other motor vehicles.
– Common causes are speeding, intoxication, lack of helmet use.
– FAQ: Is it harder to get compensation for a motorcycle accident? No, liability is assessed the same way as other vehicle collisions.
✅ Over 80,000 motorcycle accidents occur annually. Per mile traveled, risk of death is 26x higher than in a car.
✅ Head injury is the leading cause of death in motorcycle crashes. Helmet use is key.

Pedestrian Collision Injuries: Crosswalk, Intersection and Parking Lot Accidents

Pedestrian Accident Victims Have Legal Options

– Collisions involving pedestrians hit by a vehicle. Leading cause is driver inattention.
– FAQ: Am I still compensated if I was jaywalking when hit? Yes, but compensation may be reduced based on your negligence.
✅ Over 6,000 pedestrians killed annually in collisions with cars. SUVs with higher front ends cause worse injuries.

Tractor-Trailers: What to Do After a Truck Accident

Large Trucks Cause Serious Accidents, Leading to Massive Payouts

– – Collisions involving large trucks have greater damage due to size disparity.
– Common causes are truck driver fatigue, overloaded cargo, and maintenance issues.
– FAQ: Why hire a truck accident attorney? Critical evidence must be preserved immediately at the scene. Experienced attorneys know how.
✅ Over 500,000 truck accidents occur annually, with 5,000 causing fatalities.
✅ Common causes are speeding, distracted or fatigued driving, improper loading.

Workers’ Comp Benefits for Workplace Injuries

Get the Workers’ Comp You Deserve

In the event that an employee has an injury while on the job.
– Provides medical care, lost wages, and disability benefits.
– FAQ: What if my employer denies my workers’ comp claim? Contact an attorney to go through the appeal process.

✅ Over 2.8 million workplace injuries reported annually. Leading types are slips/falls, overexertion, and struck by object.
✅ Average workers’ comp claim is over $40,000. Experienced attorneys can increase benefits.

Filing Wrongful Death Claims After a Fatal Accident

No Financial Recovery Can Replace a Lost Loved One

– Cases brought on behalf of surviving family members for fatal injuries caused by negligence.
– Seeks damages like funeral costs and loss of financial support.
– FAQ: Who can file a wrongful death lawsuit? Typically the spouse, children, or parents of the deceased.

✅ Leading causes of wrongful death are medical malpractice, car accidents, workplace hazards.
✅ Damages for grieving family members include funeral costs, lost wages and companionship.

Personal Injury FAQs in California

❓ How long do California personal injury claims last?
A: California personal injury statutes of limitations are two years from the injury date.
❓ So what if it’s partially my fault that I got hurt?
A: California uses “pure comparative negligence”. You can still collect damages if you’re partially at blame, but your payout will be lowered by your proportion of responsibility.
❓ Is it possible to submit a claim if I was not instantly injured?
A: You can. You may not notice you’re harmed for days or weeks after an accident. Two years after discovering (or should have noticed) the harm to submit a claim in California.
We safeguard your rights and guide you through personal injury law at Martinez Accident Attorney in California. If someone else’s negligence hurt you, contact us for a consultation.

Which personal injury claims are most common?

The Legal Firepower You Need After a Serious Crash

An injured person may have a personal injury claim if another party was negligent or unjust.
Motor vehicle accidents involving automobiles, trucks, motorcycles, bicycles, and pedestrians are popular personal injury claims.
Common examples of premises liability claims include accidents like slips and falls and dog bites.
Medical malpractice cases originate from doctors, nurses, and other healthcare professionals mistreating or neglecting to diagnose patients. Injuries from harmful or faulty consumer products are defective product claims.
Dog bites, nursing facility abuse and neglect, workers’ compensation injuries, and assault and battery are other prevalent personal injury cases. Injured people can sue negligent parties for medical bills, lost income, disability, pain and suffering, and other damages.
Liability is proven by showing that the defendant owed the plaintiff a duty of care, negligently broke it, and caused demonstrable damages and losses.
A personal injury attorney can do an investigation into the accident, gather evidence of fault and damages, negotiate with insurers, and file a lawsuit to get the client the money they deserve for their injuries and other losses.

What is an example of personal injury?

Skilled Representation For Optimized Recovery

A grocery store customer stumbles on a damp floor. The fall breaks the wrist, requiring surgery and physical treatment. The shopper loses $5,000 in income and $30,000 in medical expenditures after missing 6 weeks of work. This is a personal injury since the grocery store negligently injured the consumer physically and financially. The establishment did not take reasonable care by neglecting to mop up fluids on the floor or alert consumers of the slippery danger. The consumer can sue the grocery store for premises liability for medical bills, lost pay, pain and suffering, and other damages from the slip and fall. If the wet floor caused the fall and injuries, the customer might sue the responsible party for personal injury.

Car accidents—If a motorist behaves carelessly or recklessly and injures another, the victim can sue for damages. Whiplash, shattered bones, head, and back injuries are common. California property owners must keep their properties secure. Slip-and-falls, poor security, failure to warn, and other injury-causing risks can lead to premises liability lawsuits.

Medical malpractice—Doctors, nurses, hospitals, and other healthcare professionals can be held accountable for injuries caused by incorrect treatment, surgical mistakes, misdiagnosis, delayed test findings, etc. When a faulty product injures someone, they can sue the maker or merchant. Manufacturing, design, and safety warning faults are common.

Dog bites – California holds dog owners liable for bites and attacks, especially if they knew the dog was dangerous. Public or private attacks including bar fights, mobs, marital violence, and others can lead to personal injury lawsuits. Any damage caused by another’s negligence, recklessness, or willful harm might constitute a California personal injury lawsuit. An expert attorney can assist injured individuals get compensation.

How much are most personal injury settlements?

Know Your Legal Protections Under CA Law

In most cases, the cost of treating minor injuries including cuts, bruises, and other forms of soft tissue damage is less than $10,000.
More severe injuries can exceed $100,000.
Larger settlements are more common in cases involving significant medical treatment, permanent disability, lost wages, or grave injuries like brain damage or paralysis.
Six and seven-figure settlements are not uncommon with very serious injuries.
Settlements tend to be higher if negligence or reckless behavior was extreme, like drunk driving accidents. Cases involving malice or intentional harm also often exceed $100k.
Location and local laws, plaintiff demographics, available insurance coverage, and the experience of the attorneys can also impact settlement amounts.
Cases that clearly establish liability and high damages through medical records, police reports, evidence and expert testimony tend to receive larger settlements.
Weaker liability or damages usually translate to lower payouts. So while $10k to $100k is a good general benchmark for personal injury settlements, many factors determine if the compensation will end up below or above that range. An attorney experienced in securing maximized settlements can help injured plaintiffs recover what their unique case deserves.

What are general damages in personal injury?

General damages in a personal injury case refer to non-economic losses that are subjective and difficult to assign a precise monetary value. Some examples of general damages include:

✅ Pain and suffering – Compensation for any physical pain, discomfort, or mental anguish experienced due to the injury. This includes past pain already endured as well as anticipated future pain.
✅ Loss of enjoyment of life – Damages awarded for the reduced ability to participate in activities, hobbies, or experiences that were previously a source of joy before the injury.
✅ Emotional distress – Compensation for negative emotional consequences like anxiety, depression, sadness, fear, PTSD, or reduced quality of life.
✅ Disfigurement or scarring – Awards to account for permanent scarring or disfigurement that has an adverse cosmetic impact.
✅ Loss of consortium – Compensation for the loss of companionship or impairment of intimacy in spousal relationships after an injury.
✅ Inconvenience – Damages awarded for lifestyle disruptions, like needing to hire household help or requiring mobility accommodations.

How do you prove personal injury?

 

✅ Seek prompt medical treatment. Medical records serve as critical evidence showing the accident caused an injury requiring care. Follow up regularly to document the full extent of treatment.
✅ Gather evidence. Collect police reports, photos, videos, witness statements, accident reconstruction data, and anything else proving negligence caused the accident and injuries.
✅ Prove causation. The evidence must clearly link the defendant’s actions to the accident, establishing breach of duty. Then show how the accident directly caused the plaintiff’s injuries.
✅ Retain experts. Work with respected medical experts to assess the injuries and explain how they relate to the accident. Experts can counter any opposing defense claims.
✅ Document losses. Use evidence like medical bills, paystubs, employment records, receipts, and journals to quantify the economic and non-economic damages incurred.
✅ Depositions. Question parties and witnesses under oath to establish factual support for the claim.
✅ Be credible. The plaintiff’s own testimony must seem honest and reliable. Inconsistencies or lying will ruin the case’s credibility.
✅ Negotiate thoroughly. The initial settlement offer is often low. Strong evidence and negotiation skills are needed to demonstrate the claim’s true value.
With diligent evidence gathering, medical documentation, credible experts, and determined negotiation, a personal injury lawyer can build and prove a compelling claim for their client.

What are the 3 types of injury?

 

✅ Acute injuries – These occur suddenly during activity. Examples include sprains, strains, fractures, dislocations, and cuts. Acute injuries result from a single traumatic event.
✅ Overuse injuries – These develop over time from repetitive stress or overtraining. Tendinitis, stress fractures, rotator cuff injuries, and shin splints are examples. Overuse injuries stem from activity exceeding a body part’s capabilities.
✅ Chronic injuries – These are long-term injuries that cause persistent pain and disability. Arthritis, herniated discs, sciatica, and bursitis are chronic injuries. They develop gradually and may worsen with activity. Underlying anatomical abnormalities often contribute.

Acute injuries happen instantly, overuse injuries accrue over time, and chronic injuries involve ongoing pain. Proper training, technique, protective gear, rest, and treatment can help prevent or minimize all types of athletic injuries. Recognizing the variety of injuries athletes face allows for earlier diagnosis, treatment, and informed rehabilitation.

Areas of Law

Car Accidents.
Personal Injury.
Motorcycle Accidents.
Truck Accidents.
Slip & Fall Accidents.
Rideshare Accidents.
Bicycle Accidents.
Pedestrian Accidents.
Premises Liability.