If you were injured due to the negligence of another, you know how overwhelming it can be. While you are recuperating from your injuries and accumulating medical bills, you are most likely losing wages since your injuries keep you from working. According to the Centers for Disease Control and Prevention (CDC), every year in the U.S., approximately 31 million people require medical attention due to being accidentally injured. Two million of those require hospitalization for severe injuries.
As a result, several million lawsuits are filed annually by those who are injured against those they claim were negligent.
The most common negligence lawsuits include:
- Auto accidents: This includes crashes of cars, trucks and motorcycles. Every year, millions are injured, some so severely their lives will never be the same. Nearly 34,000 die.
- Bicycle accidents: There are a growing number of bicycles on the road, and injuries and fatalities from crashes involving bicycles and motor vehicles are increasing. There are serious medical conditions which often require months and sometimes years of medical care and rehabilitation services, as well as a substantial amount of time out of work.
- Medical Malpractice: Patients who are injured by health care providers whose standard of care fell below acceptable levels may have a claim for medical malpractice. This is a difficult area of the law that generally requires the testimony of experts who review all the patient’s medical records and offer an opinion that medical malpractice occurred.
- Slip and Fall accidents: Approximately one million people go to the emergency room every year to be treated for slip and fall accidents. This is the main reason people lose time off work due to an accidental injury. Proving a property owner or manager failed to keep their premises safe is sometimes difficult. A personal injury attorney in Middlebury will be able to help.
- Boating Accidents: Accidents involving all types of watercraft, from jet skis to pleasure boats, fall into this category. The most common reason for these accidents is that the driver is inexperienced. Excessive speed, ignoring safety rules and drinking alcohol also cause boating accidents.
- Dog Bites: In the U.S. in 2014, 42 people died as a result of dog bites. In 2012, approximately 27,000 people were injured so severely they required reconstructive surgery. Each state or city has its own laws applicable to dog owners and what amounts to negligence that would have to be broken for you to collect for your injuries.
Other examples of accidents that may give rise to a personal injury lawsuit include:
- Swimming Pool Accidents: Every day, about 12 people drown. There have been some electrocutions when there was faulty wiring to pool lights.
- Defective Products: When a manufacturer fails to warn about known dangers of using a product, those injured from using the product may have a claim for damages.
- Construction Accidents and Third-Party Claims: Workers who are injured are usually limited to collecting from workers’ compensation for their injuries. If a third party was responsible for the injury, such as the manufacturer of a tool that malfunctioned, an action may be brought against the third party.
Elements You Must Prove in Order to Win Your Personal Injury Case
Not every accident that results in a person being injured gives rise to a personal injury lawsuit. In order to prove and win your case, you must prove all of the following:
- The party or person that caused your injury was negligent; in that he/she failed to act reasonably or violated a rule of law.
- The negligent act is what caused your injury.
- You suffered a physical injury and losses as a result of the breach of the duty.
In some cases, proving negligence is easy. Negligence is pretty clear when a surgeon leaves a sponge or tool inside a patient, which causes them to suffer pain and undergo a second surgery. Another easy one is when a car runs a red light and broadsides another car, injuring the passengers. But there are other cases where it is not quite so clear. You need to consult with a personal injury attorney who will evaluate the facts of your situation and advise you whether or not you have a case.
If you’re in Vermont or New York our Personal Injury Lawers can Help
For a free consultation, contact a personal injury attorney in Middlebury. Our firm has negotiated with hundreds of insurance adjusters involving compensation for serious injuries due to car, motorcycle or bus accidents. We focus on making the legal process as easy as possible for you so that you can focus on getting well.
The law requires you to bring your lawsuit within a certain period of time after your injury. If you miss the deadline, you lose the right to collect damages. Call us as soon as possible at (518)566-6666 today for a FREE legal consultation or fill out the form below.