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What Qualifies as a Personal Injury Lawsuit?



Any time you or a loved one is seriously injured, it’s natural to question whether you have a case for a personal injury lawsuit. Suppose someone directly caused the injury due to their negligence, or you can identify a person or company responsible for an injury. In that case, it’s entirely possible that you have the grounds to file a valid personal injury claim.

To determine if your injury qualifies as a personal injury lawsuit, there are three questions that you must answer.

1. Was the Party Responsible for the Injury Negligent?

Accidents happen, so before filing a lawsuit, it’s important to gather the facts surrounding the injury. For example, if a speeding driver collided with your vehicle, the other driver would likely be classified as negligent for driving over the speed limit.

On the other hand, if your house was on fire and a firefighter rescued you, but you were injured in the process, it’s unlikely that the firefighter would be ruled negligent (in most circumstances).

2. Did the Negligence Cause the Injury?

For any hope of a successful personal injury lawsuit, the negligent act has to be shown to be a direct cause of the injury. To illustrate, suppose the vehicle collision caused by the speeding driver resulted in broken bones that derailed your career. Again, that driver’s negligence could be linked to your injury.

3. Was There Harm as a Result of the Negligence?

And finally, there must be damages to have a personal injury lawsuit. For example, if the collision didn’t cause an identifiable injury, you would be hard-pressed to find a legitimate personal injury claim against the other party.

All three of these conditions must be met. If you answer yes to only one or two of the questions, it’s less likely that your circumstances qualify as a personal injury lawsuit, but it’s still worth speaking to an attorney to confirm.

Common Types of Personal Injury Lawsuits

Any incident that results in bodily harm as a result of another party’s negligence has the potential to lead to a personal injury lawsuit. The most common types of lawsuits you’ll see in this category are:

Motor Vehicle Accident

In the U.S., there are approximately 6 million vehicular accidents per year. These involve cars, trucks, bikes, motorcycles, and pedestrians. Combining speed and heavy machinery can lead to severe injuries, making this type of personal injury lawsuit one of the most common in legal practice.


Workplace Accident

Accidents happen in the workplace every day, and in most instances, employees are not permitted to sue their employer. Instead, they are instructed to file a worker’s compensation claim. Depending on the cooperativeness, fairness, and integrity of your employer’s worker’s comp insurance provider, an attorney may need to get involved on your behalf to protect your rights and fight for fair compensation.


Premises Liability

Premises refer to any land, including someone’s home or business. Often, these are “slip and fall” cases, where a plaintiff slips on a slick surface or falls as a result of an obstacle or property defect. Other premises liability cases could involve animal bites or alternative scenarios.

There are a lot of variations in these cases, and having an attorney in your corner is vital to ensure you’re aware of the legal process, and your rights are protected.


Medical Malpractice

We tend to put a lot of trust in nurses, doctors, hospitals, and medical staff. However, an error or omission on their part can lead to significant injury and even death. These acts of negligence can occur during treatment, diagnosis, and even aftercare.  


Wrongful Death

If someone you love is killed due to another person’s negligence, that person (or a business they represent) can be held liable.

This list is not meant to be comprehensive. Other lawsuits may be filed for birth injury or trauma, product liability, exposure to toxic chemicals, boating accidents, nursing home neglect, and more.

Contact a Personal Injury Attorney

At Jonathan Perkins Injury Lawyers, we offer free consultations. We can discuss your case to determine if your situation qualifies for a personal injury lawsuit. From there, we can review the next steps and begin collecting evidence for your suit.

Our team will be at your side every step of the day, negotiating with the other parties on your behalf so that you can focus your time and energy on healing. Contact personal injury lawyers at 800-PERKINS for a complimentary consultation.

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