If you’ve recently been injured as a result of someone else’s negligence or wrong-doing, you may wonder if you have a fairly solid case for a personal injury lawyer to take on and win. The simple answer is that it’s not always so clear-cut. It’s necessary to review the specifics of your case and especially look at the other party to determine if it would be a good idea to sue them.
Who Can Be Sued in Personal Injury Cases?
There are too many categories of individuals, companies, and groups to list when it comes to who can get sued for their actions (or lack of action) that led to a person getting injured. The following is a basic list of examples:
*Employers – An injury attorney will assist you with suing your employer in a type of case known as workers’ compensation. In the instance of a workers’ compensation, there should already be insurance in place to cover such incidents. This is a no-fault program, meaning the worker would be granted benefits after getting injured at the workplace or conducting work duties outside of the workplace. Their employer’s insurance coverage should have to pay for medical bills after being treated for injuries (as well as getting examined by a medical professional) and about two-thirds of his or her weekly wages. If the payments are not adequate to cover the extent of the employee’s injuries, they can have an attorney assist with getting further compensation, including for pain and suffering.
*Medical Professionals in a Hospital Setting
According to a study by Johns Hopkins, over 250,000 people die each year in the United States as a result of medical errors. If you add in the number of additional people who suffer injuries during surgeries and other medical procedures it truly is alarming to consider. Though the majority of the time we’re in good hands with doctors and other medical staff, negligence and other harmful issues can occur. That’s why lawyers work hard to put together medical malpractice cases.
Medical malpractice cases are among the most stressful for the injured party. You trust and believe in the abilities and intentions of doctors and other healthcare professionals to help you when you’re at your most vulnerable. Whether you’ve been harmed by malpractice or you’re suing on behalf of a loved one, you want to know that you’re not fighting an impossible battle. When you enlist the assistance of a reputable personal injury attorney, you stand the highest chance of being awarded the compensation you deserve and you also get to see justice served.
*Mental Health Professionals – While many people may know about medical injury lawsuits, mental health care professionals can also be sued for emotional and sometimes physical injury. This is a civil suit that can be difficult to prove as the preponderance of evidence rests on the plaintiff to prove they have indeed been injured. It can be tricky to navigate because the plaintiff must present more probable evidence of wrongdoing than the party being sued.
Physical injury can occur when a mental health professional commits acts of abuse, typically sexual in nature. This can cause great emotional and physical pain for the client. Other types of emotional injury can occur when a mental healthcare professional defames the plaintiff’s character by providing privileged information to third parties.
*Manufacturers – Another type of personal injury occurs when manufacturers of products sell defective products that harm consumers. Thousands of injuries happen from dangerous or defective products every year in the U.S. Because this type of claim falls under a different set of laws than ordinary injury law, injured parties have a little more recourse and ability to recover damages.
Consumers expect products to work in a safe and effective manner. When an individual suffers an unexpected injury or danger from these products, they are entitled to file a legal claim against that manufacturer. While there is not a liability law on the federal level, state laws are followed for this sort of claim.
Liability for this type of injury can fall on any of the parties involved in the chain of manufacture. Companies that manufacture components for a product, as well as retailers, can potentially be held accountable. If a product is used and resold by an individual such as at a garage sale, the seller can’t be held accountable for this. Products must be sold in the regular course of business for that manufacturer, or any company in the chain of manufacture and distribution, to be liable for any damages.
Of course, there are many other scenarios and parties that can prompt an injury attorney to compile a case. If you or a loved one has been injured as a result of a medical error or another type of negligence or wrongdoing, reach out to Terry Bryant Accident & Injury Law for immediate assistance. A staff member at the law firm will discuss the basic facts of your case and we’ll provide you with a free case review to determine if and how we can proceed with your personal injury case. Injury cases can be complicated, but our firm will walk you through every step and explain what you can expect.