‘IF YOU’VE BEEN INJURED…’
The ubiquitous opening line for many commercials touting personal injury law, we’ve all heard one celebrity or another speaking about auto accidents, medical malpractice, product liability, slip and fall accidents and wrongful deaths. Knowing the difference between an accident vs negligence after you have been injured is the first step in understanding if you have a credible personal injury claim.
An accident is defined as an incident that occurs unintentionally whereas negligence is the failure to uphold a standard of care that results in injury to another. This could mean that failure to properly maintain flooring surfaces could lead to a slip and fall injury, failure to use proper medical techniques could result in additional injuries, or texting while driving could cause a motor vehicle accident, among many other instances that could be categorized as negligence causing personal injury.
MOST COMMON TYPES OF PERSONAL INJURY CASES
Personal injury cases can account for a bulk of an attorney’s workload, advocating for their clients and settling many claims without ever even walking into a courtroom. There are times, though, where a negligent accident can cause thousands or millions of dollars in damages, sending these cases before a judge to determine the appropriate settlement.
- Auto Accident Injury
- Slip and Fall Accidents
- Medical Malpractice
- Workplace Injuries
- Product Liability
- Wrongful Death
- AUTO ACCIDENT INJURY – In Louisiana, fault for causing a car accident is established during the investigation process by law enforcement. If you have been injured as a result of an accident that was caused by another, you may be entitled to compensation for your injuries. This can include payment of medical bills, vehicular repairs or replacement, lost wages, and more.
- SLIP AND FALL ACCIDENTS – Caused by leaking air conditioners or other water leaks that cause slippery floor conditions, or uneven or cracked flooring, slip and fall accidents occur when a property owner, whether public or private, has not created a safe environment or creates a situation that is unreasonably dangerous.
- MEDICAL MALPRACTICE – When a doctor used inappropriate treatment that causes additional injuries, patients may have a valid medical malpractice claim. This can be a tricky situation, since some injuries can be caused during life saving maneuvers, so it is important to determine that negligence or inappropriate actions were taken that caused injury.
- WORKPLACE INJURIES – Employers should maintain safe working conditions for their staff, even when the work is inherently dangerous. For those injured on the workplace, a personal injury claim is not warranted, rather the injured should file a Workman’s Compensation Claim. The employers insurance policies cover a number of injuries that can occur at the workplace, all measured by their likelihood and severity of occurrence.
- PRODUCT LIABILITY – Defective products have been known to cause injuries, from products collapsing and causing injury to toxic materials being knowingly used in manufacturing processes. Most often publicized as class action lawsuits, defective product claims can also include restitution for injuries caused by a dangerous or defective product.
- WRONGFUL DEATH – When someone is killed as a result of negligence, regardless of the means, a wrongful death lawyer can file a lawsuit that allows for the family to recover damages that are different than those in non-fatal accidents. In addition to medical expenses and lost wages, families can be compensated for pain and suffering experienced as a result of the loss of their loved one.
With a number of different types of personal injury, it is important that you retain counsel for your case. An experienced attorney is your advocate, going beyond in depth knowledge of the various types of injuries, with top negotiating skills and a deep understanding of your rights in these cases.
The Law Office of Michael A. Rosenblatt is here for you during your time of need. In addition to family law, we practice personal injury law, supporting clients in the aftermath of an injury as the result of another party’s negligence. We’re here to represent your family in all legal matters.