Personal Injury & Accidents Lawsuits | Get the Right Lawyer

What is a Personal Injury Lawsuit?

Personal injury lawsuits cover a wide variety of situations and different types of accidents. You may have been injured in an auto accident, by slipping and falling on someone's property, or bitten by a neighbor's dog.

All these things are considered personal injuries and the level of your injury can make big a difference in processing your claim.

In some situations, you may be capable of handling a claim through insurance coverage or Small Claims Court against the other party on your own. Other times, you may want to seek the advice and assistance of a qualified personal injury lawyer. It all depends on the severity of your injuries and the legal elements of the accident.

6 Types of Personal Injury Claims

Our personal injury attorneys are currently accepting potential claims on behalf of individuals who suffered the following types of serious or permanent injuries:

1. Car Accidents

Car accidents can cause devastating physical and emotional consequences, often compounded by medical bills and lost income.

If you intend to file a claim, it must be proven that the other driver owed you a duty of care and breached that duty of care.

All motorists must drive safely and avoid reckless behaviors that would endanger other people.

They breach this duty of care when they:

• Drive under the influence of drugs or alcohol
• Drive while distracted
• Make illegal turns
• Fail to keep their vehicles safe
• Break the speed limit
• Engage in other illegal or reckless behaviors

Unfortunately, even if it seems evident that another person is liable for your damages, you still might run into a dispute during the claims process. This is where the car accident attorneys at Schmidt & Clark, LLP, can help.

• Typical Damages Awarded: $15,000 - $100,000
• Required Evidence: Police reports, medical records, photographs of the accident scene, witness statements
• Statute of Limitations: Generally, 1-3 years from the date of the accident
• Success Factors: Establishing the other driver’s negligence and documenting all related damages
• Additional Notes: Insurance companies may attempt to reduce liability by offering low-ball settlements or disputing the severity of injuries. An experienced attorney can protect victims’ rights.

We know the strategies insurance companies and defendants use in car accident cases to reduce liability. Insurance adjusters might try to manipulate you into making a recorded statement that can be used against you.

They might offer a "lowball" settlement before you know the full extent of your major or minor injuries or could even review your social media profiles for images that can be used to dispute the severity of your injuries.

No matter what the insurance adjuster tells you, the insurance company is likely not on your side when you file a claim against them.

You should never speak to the insurance company or adjuster—and you certainly should not accept a personal injury settlement offer—without consulting an experienced personal injury lawyer.

2. Dog Bites

Dog attacks can cause lasting physical and emotional scars. Most states have strict liability laws, holding owners accountable for their pets' actions regardless of prior aggression.

Injuries which are typically associated with a serious dog bite can include:

• Contusions
• Fractures
• Amputations
• Serious head and face injuries
• Long term emotional scars

If your injuries are caused by a dog bite, here is an overview of what you need to know before filing a claim:

• Typical Damages Awarded: $15,000 - $100,000
• Required Evidence: Medical records, photographs of injuries, witness statements
• Statute of Limitations: Typically 1-3 years
• Success Factors: Demonstrating the severity of injuries and applying strict liability laws
• Additional Notes: Exceptions include provocation or trespassing during the attack, but these are rare in most states.

Many U.S. states have what is known as a "strict liability statute" when it comes to dog attacks. This means that dog owners are responsible for the actions of their pets, even if they have shown no previous signs of aggression or violence.

However, most states have very few exceptions to the strict liability dog bite law. In most cases, dog owners can be held financially liable in addition to receiving citations or facing other penalties associated with an attack.

3. Motorcycle Accidents

Each year, up to 100,000 motorcyclists are injured in the United States. For every mile traveled, motorcycle fatalities are 26 times more likely to occur than passenger car occupant fatalities in serious accidents.

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities increased by over 129% from 2,028 in 1997 to 4,654 in 2006. However, most of the serious injuries sustained are to the lower body.

Motorcycle accidents often result in severe injuries such as broken bones, road rash, and spinal cord damage. Depending on the circumstances, victims may pursue compensation through an insurance claim or personal injury lawsuit.

• Typical Damages Awarded: $20,000 - $150,000
• Required Evidence: Police reports, medical records, photographs, witness statements
• Statute of Limitations: Typically 1-3 years
• Success Factors: Proving fault and the serious nature of injuries sustained
• Additional Notes: Settlements reflect motorcyclists' increased risks compared to car occupants.

Options for Compensation After a Motorcycle Accident

After a motorcycle accident, you have two options for securing compensation for your catastrophic injury and other losses: a personal injury claim or a personal injury lawsuit. You need to understand the difference between the two.

1. Personal Injury Claim

A personal injury claim is usually the first step after a motorcycle accident. It often involves filing an insurance claim with your insurance company to seek compensation for injuries, financial losses, and property damage.

• Process:
  1. An investigation is conducted by an insurance claims adjuster.
  2. Negotiations follow to reach a settlement offer.
  3. Accepting a settlement typically requires signing a release and forfeiting your right to sue the at-fault driver in court.

2. Personal Injury Lawsuit

A civil legal action where the injured party demands monetary damages for severe injuries and losses caused by the accident.

• When to File:
  • If claim negotiations fail to provide adequate compensation.
  • If a fair settlement cannot be reached.
• Process:
  • Lawsuits often settle before trial.
  • If no settlement is reached, a judge or jury decides the amount of compensation.

Suppose the claims negotiation and settlement process breaks down, and it appears that you won’t be able to obtain adequate compensation for your injuries. In that case, you may have to hire a personal injury lawyer.

4. Wrongful Death

The tragedy of losing a loved one due to someone else’s negligence is overwhelming. Families often face emotional and financial hardships, including medical expenses, burial costs, and lost future earnings.

• Typical Damages Awarded: $500,000 - $2 million
• Required Evidence: Proof of negligence, medical records, financial documentation (lost income), evidence of emotional suffering
• Statute of Limitations: Varies by state; typically 1-3 years
• Success Factors: Establishing a clear link between the defendant’s actions and the death, along with evidence of the emotional toll on surviving family members

Deaths often occur as the result of someone’s negligence. In many cases, the deceased suffered a fatal injury in an accident, such as a car accident. While not every accident-related death is considered a wrongful death, many are.

U.S. laws allow certain surviving family members to sue the negligent person, business, or other entity responsible for the death of their loved one. To do so, the surviving family should contact a qualified personal injury lawyer and law firm.

A wrongful death lawsuit is a civil legal action where the surviving family of the deceased can file a claim against another individual or a separate entity whose negligent actions caused the death of their family member.

Related: Hospital Bedsores Wrongful Death Lawsuit

Wrongful death cases are separate from criminal court proceedings, and when fault is proven in a lawsuit, the surviving family members receive a financial award.

5. Personal Injuries Resulting From Negligence

In a personal injury case, the claimant or plaintiff (the injured person) relies on the legal concept of "negligence" to establish the other party's fault for the accident, giving rise to the case.

In a personal injury claim or lawsuit, the first step in proving that another person was negligent is to establish that he or she had a duty of care in the situation that gave rise to the injury.

This category encompasses various claims where negligence has led to injury.

Specific examples include:

• Injuries caused by reckless driving or unsafe conditions that lead to accidents.
• Cases where individuals have suffered harm due to another party's failure to act responsibly.

Victims can pursue claims for injuries caused by unsafe working conditions or equipment.

• Typical Damages Awarded: $50,000 - $1 million
• Required Evidence: Accident reports, medical records, safety violation documentation
• Statute of Limitations: Typically 1-3 years
• Success Factors: Demonstrating employer negligence or safety lapses leading to the injury

For a plaintiff in an injury case, demonstrating a breach of care requires showing that actions taken (or not taken) by the defendant failed to meet the required level of reasonable care under the circumstances.

But what exactly is "reasonable" in a given situation? It depends on the facts of each case.

Slip and Fall Claims

Slip and fall accidents can occur due to unmaintained property conditions, such as wet floors or uneven sidewalks.

Property owners may be held liable if:

• The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.

Suppose you want to file a claim, here are some key points you should know:

• Typical Damages Awarded: $10,000 - $50,000
• Required Evidence: Incident reports, medical records, photographs of the hazardous condition
• Statute of Limitations: Varies by state; typically 1-3 years
• Success Factors: Proving that the property owner knew or should have known about the hazard and failed to address it

Medical Malpractice

Trust in medical professionals is sometimes misplaced when treatment deviates from accepted standards, causing harm. This negligence is alarmingly common and requires strong evidence to pursue compensation.

Medical negligence refers to a negligent act or omission – for example, removing the wrong organ or leaving a surgical tool in a patient’s body – that causes injury.

Medical malpractice is alarmingly common in the United States. A Johns Hopkins study found that medical errors kill more than 250,000 Americans every year, making it the third-leading cause of death behind only heart disease and cancer.

• Typical Damages Awarded: $100,000 - $1 million
• Required Evidence: Medical records, expert testimony confirming deviation from standard care
• Statute of Limitations: Generally, 1-3 years from the date of injury or discovery
• Success Factors: Proving a breach of duty by the healthcare provider and direct harm caused by their actions

See all medical malpractice lawsuits we've taken on.

Burn Injuries

According to the American Burn Association, there are at least 1.1 million burn injuries in the U.S. each year that require treatment.

Approximately 45,000 of these injuries require hospitalization, and about 4,500 of these victims die. Many of these injuries are caused by another party's negligent, reckless, or intentional conduct.

Burn injuries often result from accidents caused by negligence, such as workplace incidents or defective products. These injuries can lead to extensive medical treatment, disfigurement, and significant emotional distress.

• Typical Damages Awarded: $50,000 - $1 million
• Required Evidence: Medical records, photographs of injuries, witness statements
• Statute of Limitations: Typically 1-3 years
• Success Factors: Demonstrating negligence or intentional harm and the severity of physical and emotional suffering

Suppose you or a loved one has suffered an accidental burn injury. In that case, you must contact an experienced attorney with proven success in recovering substantial compensation for burn injury victims.

Mesothelioma Claims

Mesothelioma, a cancer caused by asbestos exposure, has a long latency period, often delaying diagnosis by decades.

The average life expectancy is 18 – 31 months after diagnosis, but prognosis may improve with treatment. Symptoms can include chest pain, shortness of breath, and general fatigue.

Mesothelioma symptoms can take 10 – 50 years to emerge after initial asbestos exposure. Symptoms are often mistaken for less serious illnesses, complicating early diagnosis.

Patients should seek medical attention when symptoms present, as early detection may improve mesothelioma prognosis.

There are four main types of mesothelioma based on tumor location. The most common type is malignant pleural mesothelioma. The mesothelioma tumors are made up of different cell types.

The three most common mesothelioma cell types are:

• Epithelioid
• Sarcomatoid
• Biphasic

Symptoms, prognosis, and treatment options vary depending on mesothelioma and cell types. Victims can pursue substantial compensation to cover medical costs and other losses.

• Typical Damages Awarded: $1 million - $2.5 million
• Required Evidence: Medical diagnosis confirming mesothelioma, proof of asbestos exposure (employment history)
• Statute of Limitations: Typically 1-3 years after diagnosis
• Success Factors: Linking asbestos exposure to the illness and proving employer negligence

Also read: Asbestos Exposure Lawsuit

Why Hire a Personal Injury Attorney?

Personal injury lawsuits serve a crucial role. When you suffer an injury that someone else caused, you could be left with massive medical bills, lost wages, and other expenses that shouldn’t be your responsibility.

The change to your life could range from an inconvenience to something you’re not sure you could recover from. Either way, that’s why personal injury cases exist: You, the plaintiff, can hold the negligent person or business accountable and get the compensation you deserve and need.

Contact a contingency-fee basis attorney today for legal advice if you’ve been injured and want to file a personal injury lawsuit to receive compensation.

FAQs

Can I sue for future medical expenses in a personal injury lawsuit?

Yes, you can seek compensation for future medical expenses if ongoing treatment is required. Expert testimony may be needed to estimate these costs.

What is the difference between economic and non-economic damages?

Economic damages cover quantifiable losses like medical bills and lost wages, while non-economic damages cover intangible losses like pain and suffering and emotional distress.

What happens if the defendant doesn’t have insurance or enough assets to pay the judgment?

If the defendant lacks sufficient insurance or assets, you may have difficulty collecting the full amount of the judgment. Uninsured/underinsured motorist coverage can sometimes provide additional compensation.

Can I file a personal injury lawsuit on behalf of a deceased family member?

Yes, you can file a wrongful death lawsuit on behalf of a deceased family member if their death resulted from someone else's negligence or wrongful act.

Get a Free Lawsuit Evaluation With Our Personal Injury Lawyers

The Personal Injury Law firm at Schmidt & Clark, LLP is an experienced team of personal injury attorneys that focus on the representation of plaintiffs in Personal Injury Cases. We are handling individual litigation nationwide and are currently accepting new personal injury claims in all 50 states.

If you or a loved one was injured, you should contact a personal injury lawyer immediately. You may be entitled to a settlement by filing a lawsuit and an experienced personal injury attorney can help.