Do You Have a Personal Injury Case? 5 Indicators You Do

by | Apr 17, 2019 | Education Feature

Identify Whether or Not You Have a Personal Injury Case with These 5 Signs

It seems as if you can sue somebody for just about any injury these days. That’s not actually true, but there are definitely times when a personal injury case may be in order.

It’s easy to find stories about personal injury lawsuits in the news, but the details are often exaggerated by the media to make them appear silly and unwarranted. For example, in 1994, an elderly woman sued McDonalds because her coffee was too hot.

Her lawyers argued that McDonalds should have put a warning on the cup that the contents would be hot. The media had a field day with the case; many articles insinuated the woman was utterly foolish for failing to recognize that the coffee would be hot.

What few sources reported was that the plaintiff had suffered third-degree burns in her lap because the coffee was scalding, and the lid had not been tightly secured. If you grasped the finer details, you could understand why she won her case. That woman deserved compensation as well as a promise that this kind of unforeseeable incident would not happen again to anyone else.

If you have suffered a valid personal injury, you deserve similar compensation. But before you ask an attorney to file a case, make sure you have one. Here are five signs that indicate you might have a solid personal injury complaint.

  1. You were in a car crash that wasn’t your fault

The Kindley Firm, APC in San Diego had identified four of the most common types of personal injury cases. First on the list is vehicle collisions. If someone else caused the crash and you sustained serious injuries, you have the essentials of a personal injury case.

According to Kindley Firm lawyers, it’s not just the person whose vehicle struck yours that could be sued. “Passengers, third-party drivers, and even government entities that may have promoted poor road conditions could be found liable,” they write.

  1. You undergo an accident on someone else’s property due to negligence on their part

Every property owner, whether residential or commercial, has a responsibility to care for the property in such a way as to avoid injury accidents. If the owner fails to maintain safe and proper conditions, and you experience an injury as a result, you could sue for compensation.

“Premises liability cases often involve slip-and-fall accidents, animal bites, and other types of location-specific hazards,” the Kindley Firm lawyers explain.

  1. You’re injured by a defective product

Manufacturers also have a responsibility to ensure their products are in safe working order before they sell them. Unfortunately, this isn’t always the case.

Incidents occur, but some firms try to hide product defects because they don’t want the expense of a product recall on their hands — never mind the potential for a costly lawsuit. “If you were using a product as intended and it injured you, you could name the manufacturer of that product in your personal injury claim,” the San Diego lawyers explain.

Defective products can be the cause of injuries in many different situations, but some of the most dangerous involve malfunctioning car parts, such as delayed brakes or exploding car batteries. Such problems can cause severe and lasting injuries.

  1. You were involved in an accident at work because of negligence

Workplaces, particularly in the manufacturing or construction industries, are held to a higher standard of safety and care. If strict regulations were not in place to prevent or at least discourage unsafe conditions, dangerous environments would all too often lead to many more injuries.

If you’re involved in an accident at work, you could be in a strong position to seek compensation. The claim could be tricky, though; many factors will typically be in play.

“Your accident will have to meet certain criteria to qualify for a personal injury claim instead of a workers comp claim,” the lawyers say. Attorneys will examine various factors, from who might have been at fault and which rules were broken, to workers’ compensation payouts, the extent of the injury, benefits while you were out of work, and much more.

Consultation with an attorney can help you identify the variety or types of compensation you might be able to claim.

  1. You experience an injury that qualifies as a personal injury

Accident victims most often suffer a handful of common injuries, according to the Kindley Firm lawyers. These include:

  • Severe burns
  • Amputations
  • Traumatic brain injuries (TBIs)
  • Wrongful death
  • Organ damage
  • Internal bleeding
  • Broken and fractured bones
  • Injury to the spine, including paralysis at some level

These are not the only potential personal injuries, but if you experience one of them due to the actions or negligence of someone else, chances are you qualify for a personal injury suit. Contact an attorney in your area so you can obtain compensation for your pain and suffering, medical bills, and damage as soon as possible.

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