Understanding What A Personal Injury Lawsuit Is

If you have been hurt or injured in some way you may be considering consulting a personal injury lawyer to collect damages. If your injuries are the result of neglect or the deliberate actions of another, you may have a case for a personal injury lawsuit. There are several different types of personal injury cases, however, and knowing if your situation meets the criteria is a good start.

The four most common types of Personal Injury lawsuits are:

•Assault & Battery. This is when you are attacked deliberately by another individual and injured. In civil cases, assault is merely the threat of harm (waving a gun for instance), while battery is when the person actually makes physical contact with you. The contact doesn’t have to be made by body to body. Throwing a rock at you can be battery. A personal injury attorney can determine the difference between the two for you and how much you can collect in damages. Generally, how much you will be able to collect hinges on the severity of the injuries although you can collect some damages even if you aren’t hurt. Simply spitting on someone can be considered personal injury.

•Car Accidents. There are so many different reasons for auto accidents that you really need a personal injury attorney to review your case as soon as possible. It may seem very clear that the other person was at fault, but there are many factors to consider, including:

- Driver distraction or intoxication
- Poorly designed or maintained roads (which may indicate government liability or local maintenance liability)
- Road debris left by other motorists who did not properly maintain their vehicles
- Vehicle defects, including faulty brakes, tires or other mechanical failure

A personal injury lawyer will carefully study the accident report, your account of the accident scene and eyewitness testimony to determine who is at fault and to what degree to make sure you are pursuing your case against the proper individuals or entities.

• Defective Products. Personal injury attorneys refer to lawsuits involving defective products as product liability suits. These cover any kind of injury caused while properly using a manufactured product. Product liability laws serve two purposes – protecting consumers from dangerous products and making sure manufacturers and distributors are held responsible for making quality, safe products. There are various types of claims a personal injury lawyer may consider in your case, including:

• Design defect – The product was poorly designed so that when used properly for the purpose intended it is dangerous.

• Manufacturing defect – The manufacturer is at fault for some flaw in how the product was made so that it does not hold up properly under normal wear or usage.

• Marketing defect – If the instructions cause confusion or there are not proper warning labels on the product that could reasonably contribute to injuries.

• Negligence. This covers so much territory that it can be difficult to determine what does or does not meet the requirements unless you are a personal injury lawyer specializing in this type of litigation. Negligence can be anything from a slip and fall accident on a merchant’s cracked and uneven sidewalk to severe injuries from a dog attack by a neighbor’s unleashed pet.

With so many factors involved in determining what is and isn’t a personal injury case and how to determine who is at fault, you should never waste time before contacting a good personal injury attorney. It can mean the difference between suffering without compensation and having someone on your side to fight for your rights under the law.

About the Author:

John Smith recommends Joel H. Schwartz, P.C. Joel H. Schwartz has been helping accident victims for over 40 years! Contact Joel H. Schwartz, P.C. today!

Read more articles by: John Smith

Article Source: www.iSnare.com

Tags: accident scene, auto accidents, car accidents, defective products, intoxication, many different reasons, mechanical failure, motorists, personal injury attorney, personal injury cases, personal injury lawsuit, personal injury lawsuits, personal injury lawyer, several different types