Personal injury law differs from criminal cases in a number of ways. Firstly, unlike a criminal case where the prosecution must prove that the defendant is guilty, in a personal injury case, the injured party or plaintiff must provide evidence that shows they were injured as a result of someone else’s negligence. However, personal injury cases can actually take a number of different forms, depending on how someone was injured.
Automotive
One of the most common types of personal injury cases is that of an automotive accident. This is largely due to someone else’s negligence causing an accident in which you were injured. These types of cases tend to go beyond that of standard compensation from auto insurance, however can be limited in viability due to the type of auto insurance policy you have on your vehicle.
Work Related Accidents
Work related accidents can take a number of forms, from slips and falls to defective machinery. These types of injuries, such as falls, are often the result of a lack of proper safety measures such as guardrails, safety harnesses, or proper marking. Workplace injuries also tend to coincide with Worker’s compensation claims, and as such tend to be harder for the injured party to win successfully.
Product Liability
Product liability claims result from a consumer being injured by a defective product. Whether the defect that resulted in harm was due to the way the product was manufactured or something the retailer who sold the product becomes part of the suit. Unlike most civil cases, the burden of proof becomes a bit lighter for the plaintiff in these cases as it isn’t necessarily possible or realistic for the plaintiff to find exactly where the manufacturing defect occurred.
Medical Malpractice
Malpractice cases are also another common type of civil case. A medical malpractice case arises when a patient has been injured due to negligence on behalf of their care provider. This comes from either gross misdiagnosis, deviance from standard practices, misprescribed medication, or some other form of negligence that results in further injury or harm due to the prescribed course of care. Medical malpractice cases, while commonly filed, are one of the most difficult cases for a plaintiff to win.
Why You Should Hire an Attorney
Whatever the case may be, if you’ve been injured due to someone else’s negligence, then you might be entitled to compensation for your pain, suffering, and lost wages. However, in these cases, the burden of proof falls to you, to convince the judge and jury that your version of the events that lead to your injury are, in fact, correct and accurate. Unfortunately, a good number of personal injury cases result in a loss for the victim, leaving them out time and money for the proceedings, in addition to the time and money lost due to the injury to begin with.
For this reason, it’s important that you have an experienced personal injury attorney representing your case. Not only are they able to help you collect the necessary evidence to support your case, but are also able to better articulate and navigate the courtroom which will help put you case in better favor with the judge and jury. If you’ve been injured then take the time and consult with a personal injury attorney and see what options are available to you.
Citations:
Michael Schreyer is a personal injury attorney in Maryland and is a partner in the firm of Alpert Schreyer, LLC. He is an experienced personal injury attorney, serving the Maryland and Washington, DC area and providing information and advice on his law blog at dcmdlaw.com.
