Primarily, personal injury cases are of seven types. Given below is description of each of the type. So read on to find out more.
A tort is a type of civil wrongdoing. Intentional acts that cause personal injury to someone come under the umbrella of intentional torts. Common examples include assault and battery. The victim of the intentional tort can choose to file a case against the guilty party that committed this act.
Negligence is also included in tort. Unlike intentional torts, however, negligence takes place when an individual or organization causes an accident by acting unreasonably under the circumstances no matter whether they caused the accident intentionally. The category of torts is broad and includes a lot of subcategories and comprises the majority of claims filed by personal injury victims like car accidents.
Car accidents, for the most part, include claims for the tort of negligence. This subcategory is unique because the federal government and the bulk of states have formulated special statutes that govern vehicles, drivers and car insurance. These statutes create several unique issues. Therefore, car accident litigation is considered another unique subcategory of claims made by personal injury victims in California.
Laws governing premises liability cover the duty of a landlord, landowner, property manager, tenant and similar entities and people on the property. Moreover, landowners owe unique duties to the people on the property no matter whether the person is a licensee, an invitee or a trespasser. Though most of cases that relate to premises liability include common tort of negligence, the unique issues related to premises liability lawsuits are generally considered a different subcategory of claims made by personal injury victims in California.
Another common type of negligence is known as professional malpractice. This involves negligence on part of a professional like a lawyer or doctor. The majority of states have formulated special laws that apply only to professional medical malpractice claims. Again, this makes another category of personal injury lawsuits.
Product liability includes the duty of a distributor, manufacturer or retailer to users and product purchasers. While most of product liability lawsuits involve malpractice claims, they also include claims related to this area of law like failure to warn and strict liability. This is another subcategory no need to mention.
Every state has formulated laws related to wrongful death governing claims that can be filed and the damages that can recovered in case a trot caused a victim to die. You can file a claim in case of a wrongful death in combination with any of the other categories and subcategories of the cases; however, the uniqueness of these types of claims makes a separate category of the claims.
There are several types of personal injury lawsuits but the ones mentioned above are the most common types. Hope you will find these 7 types helpful in understanding the case involving personal injury. If you have been a victim of this type of case, you should contact a local lawyer in California as soon as possible.