Personal Injury law encompasses many types of injuries to your body, mind or emotional well being. Most personal injury lawsuits are handled by attorneys on a contingency basis. Contingency means that your attorney will only charge a fee if he successfully wins your lawsuit or in the case it is settled out of court. You pay no fees in advance, although some require an initial consultation fee, at which point they decide if they want to take your case. Most personal injury attorneys charge anywhere from 20-40% based on the complexity of the case.
If you think you have a case for a personal injury lawsuit we can help you learn more about the different types, what each one means and how much you may need to come out of pocket for your lawsuit. The guide on this page of the www.legalpriceguide.com will cover the following topics:
Medical Malpractice usually fall into the categories of failing to or delaying diagnosis, misreading x-rays, using incorrect or non-sterile medical equipment, performing surgeries without patient consent and prescribing the wrong medication. Dental Malpractice shares some of the same attributes as medical malpractice, but also include; causing permanent nerve damage to lips, tongues and chin, injuring jaw bones and causing infections. When a doctor does not meet the “standard of care” laws outlined in their state, they can be held liable for pain, suffering and long term injuries.
Wrongful Death lawsuits are usually part of a malpractice or automobile accident. To have a case for wrongful death, the defendant must has caused the death of someone due to poor conduct, such as, reckless driving, drinking and driving, medical malpractice, defective products or unsafe medications. Wrongful death also includes homicide in which the survivors file suit against the person who committed the crime – this is usually a civil suit and can be filed and decided whether or not the defendant has been found guilty of the charge.
Personal and property damage are handled through vehicle and motorcycle law and refer to offenses such as reckless driving, not obeying traffic signals, driving at safe speeds and using and maintaining blinkers and headlights. Vehicle personal injury cases can sometimes be difficult especially when there are no eyewitnesses, surveillance equipment in the area, blood alcohol content checked or in the event the police were not called to the scene. Motorcycle accident claims include the same as vehicle accidents with the addition of wearing safety equipment such as a helmet and having proper licensing for the motorcycle. Negligence is usually the prime case that is brought against the defendant and in order to prevail in court, your attorney will have to show that the defendant intended to harm.
Any accident including railroad safety is usually something that the federal government will hear such as; signal malfunctions, hazardous materials spills, equipment failures, defects in the tracks and human failure. These laws are administered by the Federal Railroad Administration and the National Transportation Safety Board, who usually completes investigations and decides who was at fault. However, some issues involving railroad accidents fall under state jurisdiction, but only as an expansion of federal laws.
Product safety law refers to people that fall victim to and are harmed by defective products. Defective products can include anything on the market that because of a specific defect caused you bodily harm. An example would be the well know case of the McDonald’s coffee that was too hot and burned a customer. While this type of case is no longer routinely heard, it is just one example of how something that is seemingly obvious – coffee is hot, so don’t spill it – can turn into a case for product safety due to the strength of the cup or the proper placement of the lid. Most product safety cases fall under negligence and involve more than one party.
Workplace safety laws are administered by both federal and state laws that require companies to keep their employees from being harmed. The Occupational Safety and Health Act (OSHA) outlines the rules and regulations for all companies across the board. This law includes things such as; telling employees about hazardous materials in the building, training them on the proper handling of such materials, keeping equipment up to standards so as not to cause harm. Companies that are faced with this type of lawsuit usually choose to settle by paying out a claim to the individual as well as being sanctioned by the government.
Nursing home injuries include sexual abuse, emotional abuse, physical abuse and financial exploitation and range from civil to criminal depending on the specifics of the case. There are many laws in place to protect the elderly against such crimes, unfortunately, many of these abuses go unseen until permanent damage has been done. Reasons for filing suit against a nursing home include; the condition of the facility, healthy meals, illness treatment, abuse such as bruising or cuts, taking money from the elderly and at its worse, sexual abuse. The vast majority of these cases involve negligence without the intent to purposely hurt someone, but there are cases where there was intent, which will fall under federal criminally negligent laws.
Slip and fall is exactly as it looks – an individual falls on the ground at a business or personal property residence due to a dangerous condition that could have been fixed. Most slip and fall cases result from liquid spills, potholes, ice/snow on sidewalks and potholes. As with many other personal injury lawsuits, negligence must be proven. This is usually not something that was intentional, but moreover means that reasonable precautions were not made to protect the public.
All pet owners are required by the state to take maximum precautions against their pet causing harm to others. Included in these are; proper fencing, licensing, inciting or encouraging to bite, viciousness and neglect. Regardless of the situation, if someone is bitten by your dog, you can and most likely will be held responsible, especially if your pet has proven to be aggressive. Most judgements will be paid via the defendants home owners policy, but in more severe cases, you can be held criminally liable.
Even though most personal injury attorneys work on contingency, there may be a few court costs involved. Although unlikely, you may need to pay for an initial court filing that can range from $50 – $75.
Depending on the complexity of the case and what is involved, there may be additional fees such as attorney consultations, out of pocket medical expenses and the cost to have an investigator as part of the legal team. Although these are paid out of pocket, most of these expenses are rolled back into any settlement you receive and you will be able to get your money back.
Incidental Personal Injury Law Related Expenses
|Initial Attorney Consultation
$100 – $150
|Medical Treatment Before Case is decided||
|Investigators||$50 – $75/hr|
We appreciate submissions that we receive from our readers around the country and encourage you to provide yours as well. User submissions of personal injury lawsuits help new readers get a general idea of the types of cases fought, average award and any other miscellaneous information that can be useful before deciding to follow through on their own personal injury lawsuit. Awards in our table below are after attorneys fees have been deducted.
Personal Injury Lawsuits and Settlements
|Note: Dog was not properly fenced and bit child.|
|Note: Numerous blood tests showed development of cancer which was never diagnosed. Patient deceased.|
|Note: Driver was texting while driving, caused accident that severely injured passenger.|
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