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What Is the Most Common Personal Injury Claim?
March 08, 2023
The field of personal injury is vast because of the wide-ranging nature of personal injuries. This legal category includes everything from vehicle accidents of all kinds to slip-and-fall accidents to dog bites to premises liability. While the range of injuries handled by personal injury law is extensive, some types of injuries are more prevalent than others. It’s important to note that the injuries can be not only physical but emotional or psychological as well.
Another fact is that California has a two-year statute of limitations on filing personal injury claims. The two-year time frame begins at the date of injury. Once the statute of limitations has passed, the injured party may be precluded from recovering anything.
The Most Common Forms of Personal Injury Claims
It may not come as a surprise that vehicle accidents are among the most common types of personal injury claims, given the millions of vehicles and drivers on the roads daily. In 2018, the National Highway Traffic Safety Administration (NHTSA) reported nearly 7 million vehicle accidents that police officers documented. This is a large category that includes vehicles of all kinds: Cars, trucks, motorcycles, bicycles, trains, Uber/Lyft, pedestrians (when they come into contact with vehicles), and buses–if it travels and can carry cargo or passengers, it can fall into this category. Vehicle accidents make up 50% or more of all personal injury cases.
Within this group, car accidents are most common. However, motorcycle accidents can have highly catastrophic injuries, while pedestrian accidents (mostly in urban areas) can often lead to wrongful death claims. Trucks and Uber/Lyft accidents tend to involve drivers who are themselves well-insured or are insured by their employer/contractor.
What Are Other Common Types of Personal Injury Cases?
- Slip-and-fall accidents. These are just what they sound like, a situation in which someone sustains an injury due to slipping and falling. The causes can vary greatly but include conditions such as slippery surfaces due to ice, snow, or rain; broken railings; poorly lighted areas; or unexpected debris in walking areas. These types of accidents often appear in premises liability cases, where a property owner has been negligent in maintaining their property’s safety and can be held liable for the injury.
- Workplace injuries. These are accidents that happen in the workplace. If the accident could have been prevented by the owner or management taking greater precautions, there may be grounds for a personal injury lawsuit.
- Product liability. This comes into play when someone is injured or made ill by using a product that either has a design or manufacturing defect or isn’t labeled correctly in terms of how to use it or the potential dangers of using it.
- Animal bites. Though most people think of dogs as being the animal in question in biting cases, they aren’t the only type of animal that might bite someone. Some people keep wild animals as pets, although California residents should check state laws to see if their animal of choice is a legal pet. Keeping an illegal pet that ends up biting someone could make their case worse for them.
- Wrongful death. A personal injury case can turn into a wrongful death suit if the injured person dies due to their injuries. Damages awarded would go to the estate and heirs.
- Assault. This may surprise some people who assume assault is a criminal case. It can be, but it can also be addressed in a civil suit as a personal injury case.
What Benefit Would I Have from Hiring a Personal Injury Lawyer?
There are several benefits to hiring a personal injury lawyer.
- Complex personal injury laws. The laws regarding personal injury can be complicated for someone who doesn’t work with them regularly. Hiring an attorney experienced in this area can help clarify them and guide you through what you need to know.
- Understands the legal requirements of liability. It’s not enough to show that the accident happened and caused injuries. There must also be evidence that it could have been prevented if the other person had taken reasonable care.
- Negotiations. When someone else is at fault, there are negotiations that need to be handled. An attorney will have a good idea of what is and isn’t possible to negotiate. They’ll also be aware of any tactics the other side could use to try and discredit your case.
What Should I Do if I Was Injured and May Need to Seek Damages?
The first thing to do is pay a visit to your doctor for a complete medical examination. Even if you’re aware of some injuries, there may be others that either don’t exhibit symptoms right away or other injuries hide the symptoms. Having a complete diagnosis is valuable when filing claims for damages.
Then call us at 916-685-7878 for a free consultation. Personal injury law can be complex. Our experienced, knowledgeable personal injury attorneys can guide you through the process to help you achieve the best possible outcomes.
Something you should not do: Engage in communications with anyone else’s attorney or insurance representative. Suppose someone else is potentially liable for your injury. In that case, they may try to contact you with questions designed to cause you to assume responsibility that isn’t yours, or they may try to coax you into signing a settlement agreement for an amount that’s lower than you may be entitled to. Whether they contact you by phone, email, or letter, don’t respond in any way other than referring them to your attorney.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!- Jack M.