Why Is My Personal Injury Case Going to Trial?

When it comes to personal injury cases, sometimes both sides can’t agree on a fair settlement, and that’s when the case goes to trial. Trials are needed to figure out who’s responsible and how much compensation is appropriate. For instance, in 2019, about 4% of personal injury cases in federal court went to trial, and the average jury award for those cases was around $789,145. Trials happen when there’s a disagreement on who’s at fault or how much money should be paid. During the trial, a judge or jury listens to the evidence and testimonies to make a decision.

Common Reasons For Personal Injury Trials

Personal injury trials can happen for many reasons when someone claims they got hurt or suffered harm because of someone else’s actions or negligence.

Car Accidents

Unfortunately, car accidents are common occurrences on the roads, and they can lead to severe injuries, property damage, and even loss of life. When someone is involved in a car crash and believes that another driver’s careless or reckless behavior caused the accident, they may consider pursuing a personal injury lawsuit. Additionally, if they suspect that the accident was a result of faulty vehicle parts or equipment, they may include the manufacturer or distributor of those parts as defendants in their claim.

Slip and Fall Accidents

Slip and fall accidents can happen in various places, such as supermarkets, restaurants, shopping malls, sidewalks, private residences, and workplaces. This can be caused by wet or slippery floors, uneven or damaged flooring, poorly lit areas, objects obstructing walkways, or ice and snow accumulation on walkways during winter. Property owners have a legal duty to ensure that their premises are reasonably safe for visitors and customers. This duty of care means taking reasonable steps to prevent foreseeable accidents.

Medical Malpractice

Medical malpractice occurs when a patient suffers harm or injury as a result of the negligence or substandard care provided by healthcare professionals, including doctors, nurses, surgeons, or other medical staff. This can include misdiagnosis, surgical errors, medication errors, birth injuries, or failure to obtain informed consent.

Product Liability

Product liability refers to the legal responsibility that manufacturers, distributors, and sellers have for injuries or damages caused by defective or dangerous products. When a product is defective and harms consumers, the injured parties may seek compensation by bringing a product liability lawsuit. The three main types of product defects are design, manufacturing, and marketing.

Workplace Accidents

Workplace accidents occur when employees suffer injuries or illnesses while performing their duties. In such cases, employees have the right to seek compensation for their injuries and damages, and this process often involves filing a personal injury claim. In situations where a personal injury claim is possible, the injured employee may choose to file a lawsuit against the responsible party, seeking additional compensation beyond what workers’ compensation provides. This could lead to a trial if the parties cannot reach a settlement agreement outside the court.

Premises Liability

Premises liability is a legal concept that holds property owners or occupiers responsible for injuries or accidents that occur on their premises due to unsafe or hazardous conditions. Similar to slip and fall cases, premises liability cases involve individuals getting hurt on someone else’s property, and they may decide to pursue a trial to seek compensation for their injuries. Premises liability cases revolve around the concept of “duty of care.” Property owners are legally obligated to maintain their premises in a reasonably safe condition for visitors, customers, and guests.

Assault and Battery

Assault and battery refer to intentional acts of harm or violence committed against another person. When an individual suffers injuries due to deliberate action by another person, they may pursue a personal injury lawsuit to seek compensation for their injuries and hold the responsible party accountable. In cases of assault and battery, the injured party may choose to pursue a personal injury lawsuit against the person who harmed them. By filing a civil suit, the plaintiff seeks compensation for the damages they suffered as a result of the assault and battery.

Dog Bites

Dog bite incidents can lead to legal action when an individual is bitten or attacked by someone else’s dog. In such cases, the injured party may take legal action against the dog’s owner to seek compensation for their injuries and hold the owner accountable for their pet’s actions. In some cases, aside from strict liability, the injured party may also pursue a negligence claim against the dog owner. This typically involves showing that the owner failed to take reasonable steps to prevent the dog from causing harm, such as not properly restraining it or allowing it to roam off-leash in public areas.

Defamation

Defamation is a legal claim that can lead to personal injury trials when false statements harm a person’s reputation, character, or professional standing. It involves making false statements about someone that negatively impacts their personal or professional life. In some jurisdictions, the standard for proving defamation may be higher for public figures, such as celebrities or politicians. They may need to demonstrate that the false statement was made with actual malice, meaning the defendant knew it was false or acted with reckless disregard for the truth.

How Can a Personal Injury Attorney Help?

A personal injury attorney can be a great source of help for people injured because of someone else’s negligence. They know how to handle the legal complexities, collect evidence, and build a strong case. With their expertise, they can negotiate with insurance companies on your behalf, making sure you get the compensation you deserve for your injuries and losses. Having a personal injury attorney by your side can alleviate the stress of the legal process and increase your chances of a fair outcome. Check out the Expertise.com directory of the best personal injury attorneys and find a match near you today.