In 2005, the US Department of Justice, Bureau of Justice Statistics reported that as many as 16,397 tort cases went to trial across the US. Most personal injury cases are settled outside of court, with only about 4% actually making it to trial. According to records, personal injury suits most commonly fall into three categories:
● 52% result from motor vehicle accidents
● 15% result from medical malpractice
● 5% result from product liability
There are times when accidents are just that — accidents. But when someone is at fault, it becomes a personal injury case.
What does “personal injury” mean?
Just because someone is injured in an accident, that does not automatically make for a personal injury case. There are specific conditions that are necessary for an accident to be the cause of a personal injury. Most personal injury cases are rooted in the Doctrine of Negligence. Negligence is a legal term that states that an individual has an obligation to act “reasonably” and not to endanger anyone else or put them at risk.
Some accidents are unavoidable. The ones that aren’t fall within the realm of personal injury. For someone to file a claim for a personal injury lawsuit, they must prove that the injury would not have happened had the defendant upheld their duty of care by behaving as any “reasonable” person would have under the same circumstances.
Reasonable care is a construct that is integral to the Doctrine of Negligence. The premise is that people have an obligation to behave as any reasonable person would if in the same circumstances. It does not take into account anything about the defendant themselves, but rather is a subjective legal construct that remains the standard in personal injury cases.
What are the different types of personal injury?
Personal injury cases fall under tort claims, and there are many different types of personal injury lawsuits that can arise in civil court. Anytime that someone’s injury is the result of another individual’s negligence, it is deemed a personal injury case. The exception to this is product liability. For someone to file a product liability claim, they do not need to show that the manufacturer was negligent or that they did anything “wrong.”
The different types of personal injury are:
According to The National Highway Traffic Safety Administration, in 2015 alone, there were 32,539 fatal crashes on highways across America, resulting in 35,485 fatalities. And in the same year, there were 6,296,000 police-reported car collisions, resulting in 2,443,000 injuries. Automobile accidents comprise as much as 52% of all personal injury claims in courts around the nation. The statistics translate into 97 people dying in car accidents and 6,693 people injured every day.
Auto accidents don’t just involve automobiles, either; they also involve special populations like pedestrians, motorcyclists, and bicyclists. In 2015, there were 15 pedestrians killed and 192 injured in auto accidents every day. There are all sorts of reasons that people are injured in automobile accidents. A high percentage of auto accidents involve alcohol impairment. In 2015, 9,350 of the fatal crashes were alcohol-related — which translates into 33% of all car accidents being caused by someone who is under the influence of drugs or alcohol.
According to the National Floor Safety Institute, over eight million people visit the emergency room every year due to slip and fall accidents. Slip and fall accidents are the leading cause for people seeking emergency care; they comprise as many as one million visits to the emergency room or 12% of all fall injuries per year. Those who are most vulnerable are seniors 84 or older and individuals between the ages of 65-84 years. Slip and fall injuries remain the leading cause of workers’ compensation claims.
Most slip and fall personal injury accidents are guided by premises liability laws, which are determined at the state level. If you have a slip and fall injury, the state that you live in will determine liability. It’s a good idea to contact an attorney at USAttorneys.com to help you figure out your options. We can connect you with the best attorney for your slip and fall case.
