Boston Personal Injury Attorneys

Swartz & Swartz, P.C. 10 Marshall St, Boston, MA 02108 (617) 742-1900 https://www.SwartzLaw.com

What Are the Different Types of Personal Injury Claims?

Personal injuries can occur in nearly any context. Below are some of the most common types of personal injury claims:

• Car, Truck & Other Motor Vehicle Accidents: The most common cause of personal injury claims in the United States is car accidents. According to the National Highway Traffic Administration, car accidents happen every minute of the day, totaling over 5.25 million car accidents each year. There is usually an at-fault driver in a car accident, who may be held responsible for personal injuries that occurred due to the accident. The automobile crash statistics are staggering. For example, in 2015, 35,092 people died in motor vehicle crashes, which means 96 people died each day in motor vehicle crashes, according to the National Highway Traffic Safety Administration. Moreover, 6,700 people were injured during the same time period in such crashes. According National Safety Council (NSC), in 2016 there were more than 40,000 traffic fatalities in the United States. NSC estimates that the cost of deaths, injuries and property damage attributed to crashes in 2016 totaled $432 billion, up 12 percent from 2015. Nearly 4.6 million people required medical treatment after crashes, an increase of 7 percent over 2015.
• Pedestrian Accidents: In addition to multiple-vehicle accidents, the National Highway Traffic Association reports that each year, motor vehicles account for the deaths of nearly 5,000 pedestrians and for injuries to approximately 76,000 pedestrians. Other types of pedestrian accidents include accidents that occur to people walking where there are poorly maintained sidewalks, parking lot defects, construction-related road hazards, snow and ice hazards or debris located in a walkway.
• Defective Products: Defective products are part of a subset of personal injury law called “ product liability” claims. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer, and causing injury. Product liability claims fall into three categories - manufacturing defects, design defects, and a failure to warn (also known as marketing defects).
  • Manufacturing Defects: a manufacturing or construction defect existed rendering the product hazardous to its intended user. These claims often result from poor workmanship or shoddy materials.
  • Design Defects: a defect in the overall design of the product made the plan for its use by consumers unsafe, or the level of danger presented by the expected or foreseeable use of the product outweighs its benefits.
  • Failure to Warn (Marketing Defects): the manufacturer has a duty to warn consumers about dangers that are inherent to the product and which are not obvious. Manufacturers also have a duty to warn consumers once defects are discovered. Warning labels must be adequate to convey important safety information to consumers, in accordance with a reasonable standard of care.
• Product liability claims can, in some instances, be proven absent a showing of negligence in what are called “strict liability” or “breach of warranty” claims. Under strict liability, the manufacturer can be found liable if the product is defective, even if the manufacturer was not negligent or careless in contributing to the product’s defect. In most cases, the injured party must only prove that the product was defective, that the defect existed when product left the manufacturer’s hands, and that the defect caused injury to the injured party who was a foreseeable user of the product.
• Medical Negligence (Medical Malpractice) : Medical malpractice is another type of personal injury law claim. Medical malpractice occurs when a patient is injured through a negligent act or omission by a doctor, hospital or other health care professional. This can occur due to errors in diagnosis, treatment, follow-up care or patient management. Medical malpractice is the third leading cause of death in the United States according to the Journal of the American Medical Association.
• Slip and Fall Accidents : Thousands of people are injured each year by slip and fall accidents, typically on a wet floor, unsafe stairs, snow or ice buildups or other surfaces which are designed or maintained in a hazardous condition. If it can be ascertained that the owner or manager of the property where the fall occurred did not maintain the property in a reasonably safe condition, the injured party may bring a lawsuit against such a person or entity to recover damages.
• Construction Accidents : Construction work, while often dangerous, can present unnecessary perils due to negligence on sites, or defective equipment. There can be a variety of hazardous equipment conditions and unsafe working environments on a construction site. Work-related injuries at construction sites are extremely common, with the Bureau of Labor Statistics reporting over 150,000 each year. In 2014 crashes involving vehicles on public roadways were the leading cause of work-related fatalities, accounting for 23 percent of all workplace fatalities, according to the U.S. Bureau of Labor Statistics. If the construction company is not properly following all regulations, inspections and safety protocols, an injured worker may suffer a catastrophic injury, leading to an injury lawsuit against a negligent contractor or other third party, in addition to workers’ compensation claims involving the employer.
• Machinery Accidents : In addition to construction site injuries, many workplaces contain machinery with moving parts including moving belts, meshing gears, rotating arms and cutting teeth. If a worker comes into contact with moving machine parts, serious injuries can occur. In fact, mechanical equipment is the third leading cause of death and injury in the workplace and is involved in approximately 80% of fatal industrial accidents. Similar to a construction injury, an injured employee may have a lawsuit if the manufacturer or distributor of the machinery sold a defective product, including failing to design proper safety devices or warnings.
• Negligent Security : Property owners and managers have a duty to safeguard tenants and visitors with proper security measures, which can vary depending on the known crime at the particular location, or in the surrounding area. The injured party may have a claim against the property owner or manager for damages caused by negligence. Negligent security cases can result, for example, from a robbery, assault, battery or rape when appropriate security measure could have prevented the horrific injuries or death.

What is my Personal Injury Case Really Worth?

If you are trying to determine whether or not to file a lawsuit, or whether to settle, you probably want to know the “bottom line” – in other words, what amount represents a full and fair recovery for my personal injury? In order to assess the value, there needs to be a thorough examination and assessment of the potential damages that may be recoverable by the injured party.

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What are Compensable Damages in Personal Injury Cases?

Below are some examples of the types of compensable damages that may be awarded to an injured party:

• Medical Care: The most obvious form of compensable damages is the cost of all medical care associated with the injuries from the accident. Medical care expenses include those already incurred, as well as a reasoned estimate, supported by evidence, of all medical care expected to be needed in the future for the injuries suffered.
• Loss of Wages: If the accident left you unable to work or had an impact on your salary and earnings, you may be entitled to loss of wages compensation. This can be critical if, for example, the injured party is a business owner and her inability to work causes substantial damage to the business. It is also important to note that you may also receive “loss of earning capacity” damages if the injuries affect your future ability to earn wages.
• Personal Property: If any personal property is damaged in the accident, such as a vehicle, clothing, or other items, the injured party can seek damages to pay for the repair of the items, or the fair market value of the property if not repairable.
• Pain & Suffering: If you suffered serious pain or discomfort due to the accident, or if you will continue to suffer in the future, you may receive compensable damages.
• Emotional Distress: When a serious accident or injury occurs, the injured party may suffer emotional distress such as anxiety, fear, depression and sleep loss. These psychological injuries may also be compensable.
• Loss of Enjoyment: If the accident results in injuries that prohibit you from enjoying day-to-day life and the activities you used to enjoy, such losses may also be compensable.
• Loss of Consortium: “Loss of consortium” damages are meant to compensate for injuries that result in a negative impact on the injured parties’ relationship with his or her spouse – for example, the loss of companionship or the inability to maintain a sexual relationship. Some states have also started considering the separate impact on the relationship between a parent and child when one is injured.