Claimants filing personal injury claims must follow laws and guidelines that apply to their cases. The reason for their injuries defines how they build a viable claim against the party that caused their injuries. When reviewing the cases, an attorney must first determine what type of personal injury case it is and present possible steps for building the case. No two personal injury cases are the same, and some federal laws could come into play in the cases. Reviewing what cases are managed by a personal injury attorney shows claimants how to proceed with their claim.
Product Liability Claims
Product liabilities occur when a consumer is injured while using a product released to the public. The defendant in the cases is the product manufacturer. The claimant must present evidence that shows they were using the same product they purchased and recipients for their purchase. When building a case, the claimant needs medical evidence that shows what injuries they sustained by the product. Lab testing may provide forensic results that substantiate the victim’s claims. A personal injury lawyer helps the victim build a viable claim against the manufacturer.
Dog Bite Cases
After a dog attack, the victim contacts animal control officers to report the attack. The animal control officer must investigate the attack and determine if the dog presents a risk to the public. The state of Texas doesn’t have a strict liability ruling for dog attacks. However, pet owners face liabilities if their dog attacks a human. The pet owner could also face penalties if they failed to vaccinate their dog and a human contract the rabies virus from the dog. The victim can seek compensation through the civil court for their medical expenses and any other monetary losses they sustained because of the dog attack.
Social Security Disability Cases
Social Security Disability provides monthly benefits for individuals with disabilities. It offers monthly income through Supplemental Security Income for individuals who have never worked because of their disabilities. Social Security Disability Insurance is available to individuals who worked previously but developed a disabled and are no longer able to work. An attorney helps these claimants if they were denied benefits by the Social Security Administration. They have two choices when they are denied. The claimant could schedule an appeal hearing, or they could file a lawsuit to collect back-pay starting on the day of their diagnosis expanding to the date of the court hearing. If someone is denied these benefits, they can discuss their options with an attorney.
Automobile Accident Claims
After an automobile accident, the accident must be reported to law enforcement. The officers assess the accident and identify the party that caused it. The victim must acquire the at-fault driver’s insurance information and file a claim through the accountable driver’s insurance provider. If they are unable to file a claim, the accident victim could file a legal claim against the at-fault driver to collect compensation for their medical costs and auto repair requirements.
18-Wheeler Accident Claims
An 18-wheeler accident is investigated to determine if the commercial driver followed all Federal Motor Carrier Safety Administration regulations. All drivers must take an eight-hour rest period after all 12-hour driving shifts. The regulations are in place to prevent exhausted driving, which is a common cause of 18-wheeler accidents. If the commercial driver was at-fault, the owner of the 18-wheeler and the driver could become a defendant in a lawsuit if the victim is not compensated for their injuries and monetary losses through an insurance claim.
Pedestrian Accident Claims
Pedestrian accidents are reviewed according to fault. The pedestrian must follow all traffic laws that apply to them directly. If they do not, they could face reductions in their monetary damages based on comparative fault rulings. When reviewing the case, the attorney determines if the victim broke the law by jaywalking or failing to comply with any traffic laws. They will also determine if the at-fault driver left the scene of the accident or other moving violations.
Construction Accident Claims
Construction site accidents are investigated according to state and federal regulations. The construction company must comply with all safety regulations for their workers and for residents who could encounter the construction site. They must place signs leading up to the construction site. There must be a barricade around the worksite to prevent unauthorized individuals from getting in.
All workers must have personal protective equipment according to their role in the construction project. This could include hardhats, harnesses, and scaffolds that prevent the workers from becoming injured while working. If a worker or visitor becomes injured inside the construction site, they could file a lawsuit against the construction company to collect damages.
Wrongful Death Cases for Nursing Home Residents
In light of the recent pandemic, nursing homes were required to introduce more stringent cleaning and testing practices for their facilities and their workers. The new protocol required them to test workers for COVID-19, and they were required to test residents who were exposed to any workers that tested positive. Families have the right to file a legal claim if their loved ones died because of failed cleaning and protocols. If their loved one died from COVID-19 and there were workers that tested positive for the virus and were allowed to continue to work, the family may have a viable case for wrongful death.
Personal injury laws protect victims that sustain injuries because of no fault of their own. The cases are often based on negligent or criminal acts. Each claim must provide evidence that shows how the victim sustained the injury and pinpoints the defendant’s actions or negligence as the cause. For example, in an auto accident case, a drunk driver faces criminal charges for a DUI if proven. The victims could receive restitution through the criminal court, but they could file a civil lawsuit against the drunk driver for their medical costs, auto repair requirements, and lost wages. Reviewing the steps for each personal injury claim shows claimants what to do next.