Personal injury claims span a wide range of incidents, from car accidents to medical malpractice, each involving unique circumstances and legal implications. As we move into 2025, understanding the most common types of personal injury claims can help you understand your rights if you or a loved one has been injured. Whether it’s due to negligence, unsafe conditions, or intentional harm, personal injury law aims to provide victims with compensation for their damages.
Below are the top five most common personal injury claims of 2024, with insights into the specific elements involved in each, and the laws put in place to protect victims.
With any type of personal injury case, we urge you to seek legal advice from an experienced personal injury attorney. Brandon J. Broderick, Attorney at Law can help you resolve your case successfully.
1. Motor Vehicle Accidents
Motor vehicle accidents continue to dominate personal injury claims nationwide. These include car accidents, motorcycle accidents, and truck accidents. Common causes of these accidents may include distracted driving, speeding, impaired driving, and/or adverse weather conditions.
In personal injury claims arising from motor vehicle accidents, negligence is a key factor. Victims must demonstrate that another driver breached their duty of care, resulting in damages. State laws also play a role in determining fault:
- In New Jersey, a comparative negligence rule applies, allowing victims to recover damages even if they are partially at fault, as long as their share of the fault is less than 50%.
- In Kentucky, a pure comparative negligence system permits recovery regardless of the victim’s level of fault, though compensation is reduced by their percentage of responsibility.
Damages in motor vehicle accident claims often include medical bills, lost wages, property damage, and non-economic damages like pain and suffering.
2. Slip and Fall Accidents
Slip and fall accidents, categorized under premises liability, are a common reason for personal injury claims. Property owners are required to maintain safe premises, and a failure to do so may result in liability if someone is injured.
For example:
- In Connecticut, property owners owe a duty of care to visitors, but the specifics of liability depend on whether the injured person was an invitee, licensee, or trespasser.
- States like Florida have statutes mandating that businesses provide evidence of proper maintenance or inspections in slip and fall cases involving commercial properties.
As a victim, you must prove that the property owner knew or should have known about the hazard that caused your injury and failed to address it.
3. Workplace Accidents
Workplace injuries often result in workers’ compensation claims, but some cases may also involve third-party personal injury lawsuits. Common workplace accidents include falls from heights, exposure to hazardous substances, and machinery malfunctions.
Workers’ compensation benefits cover medical expenses and lost wages but typically exclude compensation for pain and suffering. However, if a third party, such as a contractor or equipment manufacturer, contributed to the injury, a personal injury lawsuit may be an option.
For example:
- In a construction accident involving defective equipment, a lawsuit against the equipment manufacturer might provide additional compensation for non-economic damages.
4. Medical Malpractice
Medical malpractice claims arise when healthcare providers deviate from accepted standards of care, causing harm to a patient. Common examples include surgical errors, misdiagnoses, medication mistakes, and birth injuries.
Medical malpractice claims are highly complex and require expert testimony to establish that the provider’s actions fell below the standard of care. Additionally, many states have specific filing requirements, such as a certificate of merit from a qualified medical professional.
In Massachusetts, for instance:
- A tribunal reviews evidence in medical malpractice cases to determine whether there is sufficient basis to proceed with a claim. This step aims to prevent frivolous lawsuits while ensuring legitimate cases move forward.
5. Product Liability
Defective or dangerous products are another common source of personal injury claims. Product liability cases typically fall into three categories:
- Design Defects: Flaws inherent in the product's design make it unsafe.
- Manufacturing Defects: Errors during production result in a defective product.
- Failure to Warn: Inadequate instructions or failure to provide safety warnings lead to injuries.
For example, defective pharmaceuticals or faulty automobile parts can result in injuries that warrant legal action. Product liability laws vary by state, but manufacturers, distributors, and retailers can often be held liable.
Factors That Influence Personal Injury Claims
The value and outcome of a personal injury claim depend on several factors, including:
- Severity of the Injury: More severe injuries often lead to higher compensation.
- Proving Negligence: Establishing fault is a critical component in most personal injury claims.
- Time Limits: Statutes of limitations, which vary by state, restrict the time frame for filing a lawsuit. In Ohio, for instance, the statute of limitations for personal injury claims is two years.
Working with an experienced personal injury attorney can help victims navigate these complexities and maximize their compensation.
Call Brandon J. Broderick For Legal Help
Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.