When someone’s misconduct causes you injury, it is known as a personal injury. Generally, the wrongdoer’s misconduct is negligence, but it can also include reckless or willful behavior. If the wrongdoer is failing to live up to their duty to you under the circumstances, their actions may support a personal injury lawsuit.
A personal injury claim is a civil remedy that allows you to recover compensation for damages resulting from the accident—separate from the criminal charges a wrongdoer may face as a result of their actions. However, since acts of negligence, recklessness, or even intentional misconduct typically never result in criminal punishment, a lawsuit may be the survivor’s only form of justice. A knowledgeable Knox personal injury lawyer from The Law Offices of David W. Holub could help you file a claim to seek compensation and justice.
Common Types of Personal Injury Claims
Any wrongful act can result in an injury, but some actions are more likely to result in harm than others, leading to personal injury claims such as:
Motor Vehicle Accidents
Motor vehicle accidents include car, truck, and motorcycle accidents. While some of these may be multiple-car collisions or single-vehicle accidents, most only involve two vehicles. Pedestrians and cyclists can also be victims of motor vehicle crashes.
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide healthcare that meets the standard of care for that profession and that procedure. Healthcare providers have a higher standard of care, and specialists may be held to even higher duties. If they misdiagnose or fail to diagnose someone, prescribe the wrong drugs, or perform a surgical error, they should be responsible for the damages.
Product Liability
Product liability claims are a unique type of personal injury claim. They do not necessarily require wrongdoing. Instead, they may be closer to strict liability. Suppose a product injures someone because of a design defect, manufacturing defect, or inadequate warnings. In that case, the manufacturer or seller may be responsible for those injuries. They do not have to be at fault to be financially responsible for those damages.
Premises Liability
Someone who is injured on someone else’s property may have a premises liability claim. Property owners or managers must keep their property safe for guests, invitees, and licensees. They must either correct hazards or provide sufficient notice of those hazards. Property owners also have a limited duty to some trespassers, including not setting traps for them.
Our seasoned legal professionals in Knox could help navigate any kind of personal injury claims, including workplace injuries and wrongful death.
Workplace Accidents and Personal Injury Lawsuits
Generally, workers’ compensation covers workplace injuries. Workers’ compensation is a system that provides financial restitution for employees injured during employment. It is a no-fault system that exists alongside personal injury claims. While these claims make it easier for employees to obtain compensation, it also limits the amount that they can recover.
Oftentimes, if someone files a workers’ compensation claim, they are barred from pursuing a personal injury lawsuit for the same event. However, it is possible for the injured party to pursue a personal injury claim against any third parties instead. A Knox personal injury attorney from our firm could provide guidance on how to seek compensation from a third party.
Understanding Wrongful Death
Wrongful death is a very particular type of personal injury lawsuit. Generally, victims file lawsuits for the injuries they directly experienced as the result of someone else’s wrongdoing. Thus, the statute of limitations applies to the date of the accident. However, in a wrongful death lawsuit, the statute of limitation begins with the victim’s death.
In this case, the victim’s loved ones bring the lawsuit on their behalf. The damages they claim are not based on the victim’s injuries but on their own losses as the result of the victim’s death—for example, loss of consortium and loss of services. Our skilled personal injury lawyers in Knox could help survivors navigate the wrongful death claim.
Consult a Knox Personal Injury Attorney Today
When someone else’s negligence leads to your injuries, you may be entitled to damages. Those damages can compensate you for financial damages or intangible damages like pain and suffering or loss of enjoyment. A Knox personal injury lawyer at The Law Offices of David W. Holub could review the circumstances of the case and provide you with information about potential damages and liable parties. Call today to get started.