What Kind of Cases Do Personal Injury Lawyers Handle
When accidents happen due to the negligence of another, a personal injury lawyer can offer a clear pathway to justice. For more than half a century, Cohen, Feeley, Altemose & Rambo has been at the forefront of personal injury litigation, earning quite the reputation for deep commitment to our clients as well as our expertise.
“At Cohen, Feeley, Altemose & Rambo,” says attorney Will Rambo, “we advocate for the rights of those injured and dedicate ourselves to securing the maximum compensation possible for our clients.” We are thorough with our case preparation, have aggressive and accurate representation, and offer compassionate client support. When combined, all of these make us a trusted ally for countless individuals facing personal injury.
Our team aims to win cases, and we also strive for change. We want to make communities safer and hold the right people accountable.
Are you wondering, “What kind of cases do personal injury lawyers handle,” and how to get the help you need? Read on for more.
Understanding Personal Injury Law and Negligence
The common denominator with these cases is the concept of negligence — the basis of personal injury law. Negligence, in the legal sense, is defined as the failure to act with the level of care that any reasonable person would give under similar circumstances. This principle is crucial because it establishes a standard for behavior that, when not met, can lead to legal liability for any resulting harm.
How To Prove Negligence
To successfully navigate a personal injury claim based on negligence, it’s important to establish four crucial elements: duty, breach, causation, and damages.
1. Prove Duty of Care
First, one must prove a duty of care. Duty of care is a legal obligation requiring the defendant to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
This duty varies depending on the relationship between the parties and the situation at hand. For example, a doctor has a duty to provide patients with a standard of care recognized by the medical community as acceptable.
2. Prove Duty Was Breached
Once a duty of care is established, the next step is to demonstrate the defendant breached this duty through their actions. A breach occurs when the defendant’s behavior deviates from the expected standard of care. Some examples could include a driver running a red light or a property owner failing to address a known hazard.
3. Establish Causation
Causation is the third component. It requires a clear link between the defendant’s breach of duty and the injury sustained by the plaintiff.
This means proving that the injury would not have occurred but for the defendant’s negligent behavior, a concept known as “but for” causation. Additionally, the harm must have been a foreseeable result of the defendant’s actions, reinforcing the connection between the breach and the injury.
4. Account for and Prove Damages
Finally, there must be actual damages resulting from the injury that can be quantified and compensated. Damages can include medical expenses, lost wages, and a loss of future earning capacity. Non-economic losses could include pain and suffering, emotional distress, and diminished quality of life.
Proving damages is a critical step in establishing the monetary value of the claim and ensuring that the victim receives adequate compensation for their losses. Together, these elements form the legal framework for personal injury claims. They guide the process of holding negligent parties accountable.
The definition of negligence varies throughout the States. For example, Pennsylvania operates under a modified comparative negligence model. This means those who were more than 51% at fault cannot recover damages. If you have a Pennsylvania case, your counsel in your city, like your Allentown personal injury lawyer, can explain the specifics to you more fully.
Types of Personal Injury Cases
Personal injury law covers a wide range of scenarios where individuals suffer harm due to the negligence or wrongdoing of others.
These cases can include:
- Motor Vehicle Accidents
- Slip and Fall Accidents and Premises Liability
- Medical Malpractice
- Nursing Home Abuse and Neglect
- Workplace and Construction Accidents
- Product Liability and Defective Products
- Dog Bites and Animal Attacks
Motor Vehicle Accidents
Motor vehicle accidents are the most common types of personal injury claims. These incidents can involve any vehicle, from cars, motorcycles, trucks, to bicycles. The key to these cases is establishing who was at fault due to negligence. Then, attorneys investigate the aftermath and if it involves significant physical injuries, emotional trauma, and substantial financial losses.
To ensure your case is handled correctly within the applicable statute of limitations, seek the advice of an Easton personal injury lawyer or experts in PA case law as soon as possible.
Slip and Fall Accidents and Premises Liability
Slip and fall accidents are the reason why it’s important to maintain safe real property conditions at all times. Both private and commercial property owners have a legal duty to ensure their premises are free from hazards that could cause harm to visitors or patrons. If they fail to provide a safe environment and someone is injured as a result, premises liability comes into play.
Medical Malpractice
Medical malpractice claims emerge when healthcare professionals fail to adhere to the required standard of care, resulting in harm or death to the patient. This category can include surgical errors, misdiagnoses, and improper medication dosing. Failures in patient care can result in worsening conditions or new injuries.
Nursing Home Abuse and Neglect
The elderly residents of nursing homes are vulnerable and can easily face abuse, neglect, or being taken advantage of. This abuse can manifest as physical harm, emotional abuse, inadequate care, or financial exploitation. These acts not only violate the dignity and rights of the elderly but can also lead to physical and psychological consequences.
Workplace and Construction Accidents
Injuries on the job or at construction sites represent a significant portion of personal injury claims. These environments are jam-packed with risks, from heavy machinery accidents to falls from heights, often because of the failure to adhere to safety protocols. Workplace accident protocol varies by state, so if you had an accident in Bethlehem, PA, seek the counsel of a personal injury lawyer in Bethlehem.
Product Liability and Defective Products
When products fail and cause injury, manufacturers, distributors, and retailers can be held liable. These cases may involve anything from household appliances to automotive parts and medical devices. When the failure results from design flaws, manufacturing defects, ingredients, or inadequate warning labels, that could be a product liability case.
Dog Bites and Animal Attacks
Victims of dog bites and other animal attacks can suffer significant physical injuries and lifelong emotional trauma (such as PTSD). Laws vary by jurisdiction but generally hold pet owners liable for the actions of their animals. This is especially common if the animal was known to be dangerous or if the owner could have taken action to prevent the attack.
As well as more specialized claims that deal with specific and often more complex injuries, such as:
- Traumatic Brain Injuries (TBIs)
- Birth Injuries
- Toxic Exposure and Environmental Harm
- Wrongful Death
Traumatic Brain Injuries (TBIs)
TBIs are significant because of their life-changing impact and the complexity of proving negligence. These injuries require understanding their long-term effects on victims, including cognitive and physical impairments. Legal claims focus on establishing the cause of the TBI and ensuring compensation covers ongoing medical care, lost earnings, and quality of life changes.
Birth Injuries
Birth injuries arise from negligence during childbirth from medical professionals, leading to conditions like cerebral palsy. These cases aim to prove healthcare providers breached the standard of care, causing the injury. The compensation is intended to cover medical expenses, lifelong care needs, and emotional distress for the family.
Toxic Exposure and Environmental Harm
Victims of toxic exposure or environmental harm face illnesses due to chemicals or pollutants in their surroundings. Proving liability involves linking the condition to the exposure; it often requires expert testimony.
Claims seek to cover treatment costs, lost income, and pain and suffering. Case outcomes typically stress accountability for hazardous conditions.
Wrongful Death
Wrongful death claims address fatalities caused by negligence or intentional acts, and they help to support survivors financially. They cover everything from lost wages, funeral costs, to loss of companionship. These claims span various contexts, from accidents to criminal acts, focusing on justice for the deceased and compensation for the family and the trauma they’ve experienced.
Each specialized claim in personal injury law demands legal knowledge and an empathetic approach to address the victims’ and their families’ needs effectively. Firms like Cohen, Feeley, Altemose & Rambo play a crucial role in navigating these challenges, advocating for fair compensation and accountability.
The Role of Personal Injury Lawyers
Personal injury lawyers are vital advocates for individuals harmed due to the negligence of others, as they offer a comprehensive range of services. Lawyers like ours at Cohen, Feeley, Altemose & Rambo bring deep expertise across a myriad of case types, enabling us to expertly handle everything from auto accidents and medical malpractice to workplace injuries.
Our goal is to secure appropriate compensation for our clients in the easiest and most stress-free way possible. Our lawyers manage everything from evidence collection and negotiations with insurers to presenting cases in court, simplifying the legal journey for victims. They also play a crucial role in holding negligent parties accountable and advocating for safer practices to prevent harm in the future.
Have a Personal Injury Case? Reach Out
If you or a loved one have experienced a personal injury, know that you are not alone and our team is here to help you. The attorneys at Cohen, Feeley, Altemose & Rambo are ready to offer the support and guidance you need.
With decades of experience in handling a wide range of personal injury cases, our team is committed to ensuring that our clients receive the care and compensation they rightfully deserve. We understand the impact that such injuries can have on your life and the importance of having a dedicated advocate by your side.
Contact us at (610) 625-2100 for a free consultation, and let our expertise provide the support you deserve. Whether it’s negotiating with insurance companies or representing you in court, we are here to handle your case with the utmost care and dedication.
Sources:
duty of care | Wex | US Law | LII / Legal Information Institute
Comparative negligence, 42 Pa. C.S. § 7102 | Casetext Search + Citator
Section 7102.0 – Title 42 – JUDICIARY AND JUDICIAL PROCEDURE | Pennsylvania General Assembly