When you suffer an injury due to the negligence of another person or entity, what are your options? You may have several choices to make based on the types of personal injury laws your case is subject to under California law. Slip and fall accident claims differ from car accident or product liability claims. Learning about the differences between different types of personal injury claims can help you know which claim to file after an injury.
Types of Personal Injury Cases
There are many different personal injury cases that are similar in legal practice and theory that all fall under the personal injury umbrella. The different types of personal injury practice areas include:
- Pedestrian accidents
- Bicycle accidents
- Car accidents
- Motorcycle accidents
- Truck accidents
- Dog bites or animal attacks
- Premises liability
- Medical malpractice
- Workplace injuries
- Criminal attacks
- Wrongful death
Many of these types of cases follow similar steps to reach a resolution. Some tend to require victims to file a lawsuit against a single negligent party, such as most motor vehicle accidents, while others often include multiple defendants, like medical malpractice cases.
Insurance Claims vs. Personal Injury Lawsuits
California is an at-fault state for motor vehicle accident insurance claims. That includes collisions between cars and other vehicles or when a vehicle causes injuries to a pedestrian or bicyclist. If you suffered injuries at the hands of someone driving a car, you would file your insurance claim with their auto insurance company.
Commercial truck accidents often have multiple defendants who each have their own insurance policies. The insurance companies’ attorneys will try to shift blame away from their clients and onto the other defendants.
In most dog bite cases, the dog owner holds strict liability when their dog bites someone. You would likely have coverage for your injuries under their homeowner’s policy, but you may have to file a lawsuit to pursue compensation.
If you suffer an injury at work, you will most likely claim workers’ compensation for your injuries. Most employers have protection under the law from employee lawsuits for injuries. However, another party may be partly liable for your injuries, such as a defective equipment manufacturer or the property owner of the commercial property where your office or work site is located.
You should have an experienced personal injury attorney on your side to help you determine when to file an injury claim with an insurance company and when to file a lawsuit against a negligent party.
Types of Injuries in Personal Injury Cases
Victims can sustain a wide range of injuries depending on the type of incident that caused their injuries. Common injuries in personal injury claims include:
- Burns
- Broken bones
- Crushing injuries
- Lacerations
- Puncture injuries
- Road rash
- Electric shocks
- Temporary or permanent loss of vision or hearing
- Whiplash
- Concussions
- Spinal cord injuries
- Traumatic brain injuries
- Death
Some injuries are more common in certain types of accidents. For example, road rash is common in pedestrian, bicycle, and motorcycle accidents. Construction workers have a higher risk of fall injuries, electric shocks, and crushing injuries from heavy equipment. Car and truck accident victims often experience whiplash, concussions, and internal bleeding.
Liable Parties in Personal Injury Claims
Sometimes determining liability is simple. In dog bite cases, the dog’s owner is strictly liable in most cases. When a car rear-ends another vehicle, the liability usually lies with the driver who struck the car ahead of them.
However, some cases are more complex. In workplace injury cases, several factors could contribute to an accident. Was the employer responsible for upkeep in the area where the incident occurred? Did a piece of equipment malfunction to cause the injury? Did a grocery store employee trip in the parking lot while retrieving carts from the corral?
In truck accident cases, you may be able to hold multiple parties accountable. The driver may have been speeding, and the trucking company may have pushed the driver beyond appropriate service hours. The truck loader may have improperly loaded the truck to cause shifting during transit, or the truck manufacturer could have produced and sold a defective part.
Your personal injury attorney can help you determine which party or parties to hold liable in your personal injury case.
Types of Damages Victims Can Pursue
If you file an insurance claim and settle with the insurance company, the insurance company will pay economic damages for your losses, including:
- Medical bills
- Lost wages
- Lost earning capacity
- Physical therapy
- Transportation to and from appointments
- Cost of services (lawn care, house cleaning, etc.)
If you file a lawsuit, you can pursue economic and non-economic damages. Non-economic damages will cover your intangible losses, including:
- Disfigurement
- Loss of quality of life
- Loss of enjoyment of life
- Emotional distress
- Mental anguish
- Loss of consortium
The court may also award punitive damages if the defendant was reckless or malicious in their actions that led to your injury. California does not cap punitive damages.
Proving Negligence in Personal Injury Cases
In most personal injury cases, you must prove the defendant’s negligence led to your injuries and losses. The exception is in dog bite cases, in which the owner has strict liability for their dog’s actions. Otherwise, you must prove:
- The defendant owed you duty of care
- The defendant breached their duty
- You suffered injuries and other losses
- Your losses were directly caused by the defendant’s actions
For example, if you suffered a slip and fall accident at the grocery store, you would need to prove your injuries and find evidence to support that the store was negligent in maintaining the floor to prevent a customer from slipping. Your attorney can help you find and present the supporting evidence you need to prove negligence in your case.
Contact an Experienced Personal Injury Firm in Orange County
Many types of personal injury incidents can lead to physical injuries, disability, or mental and emotional distress. For help with a personal injury claim, contact us at Khalil Law Group. Call us at (714) 617-7870 or contact us online to schedule a free, no-obligation consultation at our office in Newport Beach, CA.