Personal injury lawsuits arise when an individual suffers harm or injury due to the negligence or intentional actions of another party. In such cases, the injured party, known as the plaintiff, seeks compensation. Personal injury cases can encompass a wide range of incidents and circumstances, each with its own set of legal considerations.
One of the most common types of damages sought in personal injury lawsuits is compensatory damages. These damages aim to compensate the injured party for the losses and expenses incurred as a result of the injury. Compensatory damages can be further categorized into two subtypes: general damages and special damages.
General damages are non-monetary losses that are difficult to quantify precisely. They encompass the physical and emotional pain and suffering endured by the plaintiff due to the injury. Additionally, general damages may include loss of enjoyment of life, mental anguish, and emotional distress. Since these damages are subjective, their calculation often relies on the expertise of medical professionals, therapists, and psychologists.
On the other hand, special damages refer to the actual economic losses suffered by the plaintiff. This category includes medical expenses, rehabilitation costs, lost wages or income, property damage, and any other financial burden resulting from the injury. Unlike general damages, special damages can be calculated more objectively, relying on invoices, receipts, pay stubs, and other relevant documentation.
In certain cases, punitive damages may also be sought by the plaintiff. Unlike compensatory damages, punitive damages are not intended to compensate for specific losses. Instead, their purpose is to punish the defendant for their egregious behavior and deter others from engaging in similar conduct. Punitive damages are typically awarded when the defendant’s actions are deemed intentional, malicious, or grossly negligent.
Some of the most common types of personal injury cases include:
1. Auto Accidents. Collisions involving cars, trucks, motorcycles, or other vehicles are a frequent cause of personal injury claims. Injuries sustained in car accidents can range from minor whiplash to severe injuries or even fatalities.
2. Construction Site Accidents. Construction sites are inherently dangerous, and accidents resulting from negligence, inadequate safety measures, or equipment failure can lead to serious injuries. Workers and bystanders injured in construction accidents often pursue personal injury claims.
3. Wrongful Deaths. When an individual’s death is caused by another party’s negligence or intentional actions, the deceased person’s family members or beneficiaries may file a wrongful death lawsuit to seek compensation for their loss.
4. Injuries on Premises. Slip and fall accidents, also known as premises liability cases, occur when individuals are injured due to hazardous conditions on someone else’s property. This can include incidents in supermarkets, restaurants, or other public spaces.
5. Medical Errors. Medical malpractice cases arise when healthcare professionals fail to provide a reasonable standard of care, leading to injury or harm to patients. Surgical errors, misdiagnosis, medication mistakes, and birth injuries are common examples of medical mishaps.
6. Animal Bites. When a person is bitten or attacked by someone else’s pet or animal, they may have grounds for a personal injury claim. Dog bites are particularly common, and owners can be held liable for the actions of their pets.
Understanding the various types of personal injury lawsuits can help individuals navigate the legal process and pursue the appropriate remedies for their injuries.
If you have been injured as the result of any of the case types listed above, contact an experienced attorney at Hurst Limontes and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or email us for a FREE and confidential consultation.