Personal injuries can cause physical pain, emotional distress, financial burdens, and lost wages. This article explores the most common types of personal injuries that you can seek compensation for. Hiring a personal injury lawyer to help hold the at-fault parties liable is also a key aspect of seeking compensation.
Injuries From Car Accidents
Road accidents are major causes of personal injuries in California. Car accidents are a result of negligence, including many unsafe driving practices like:
- Excessive speeding
- Refusal of right of way
- Disobeying traffic signals
With advanced technological devices like smartphones, many drivers text, use applications, or answer calls while driving. This distracted driving increases the risk of causing an accident.
As much as there has been sensitization and enhanced legislation on DUI, the vice persists. Impairment reduces alertness and inhibits cognitive processes, which could result in catastrophic collisions.
Also, the car manufacturer could be liable for accidents resulting from improper brakes, burst tires, and mechanical breakdowns. Such defects can sometimes cause accidents that make the manufacturer responsible.
Car accidents cause injuries like:
- Whiplash during a rear-end accident
- Neck injuries
- Broken bones
- Head injuries
- Spinal cord injuries
- Internal injuries involving specific organs like the lungs, liver, and spleen that are affected without being evident immediately.
- Emotional trauma. While not a visible injury, emotional trauma can trigger conditions like post-traumatic stress disorder (PTSD).
Injuries From Slip And Fall Accidents
Slip-and-fall injuries may occur in almost any setting, but certain environments are more likely to cause such mishaps than others. For example, stores, malls, and restaurants are some common areas where slip-and-fall incidents occur. This is because of spilled liquids, food drops, or freshly cleaned floors.
Some risks are in residential settings, such as the bathroom, kitchen, and staircase, where water is likely to frequently be present. Further, paths, parking lots, and parks pose risks to pedestrians during unfavorable weather conditions like rain, sleet, or snow, which could cause slippery grounds.
Poorly lit places also increase the risk of slipping and falling because people cannot see obstacles. Uneven floors, cracked tiles, or worn-out carpets are likely to cause bumps; thus, you could trip over them. You will likely slip and fall in workplaces where corridors and aisles are blocked, or equipment is stored inappropriately.
Common slip and fall injuries could include:
- Sprained ankles and wrists as people attempt to brace their falls with their hands. And, if you are elderly, you could break your hip upon a fall.
- Head injuries can happen due to an impact on the head when you hit a hard surface.
- Skeletal injuries are common but not as severe as soft tissue injuries, which include bruises and contusions.
- In severe cases, the spinal cord may be affected, causing long-term paralysis.
In slip and fall cases, liability hinges on whether the property owner or responsible party failed to maintain safe conditions or adequately warn of potential hazards. You will need the help of a personal injury attorney to prove negligence. Possible compensation could include medical expenses, lost wages, and pain and suffering.
Injuries From Workplace Accidents
Accidents can happen in any field of work, but some fields have higher accident risks. The Bureau of Labor Statistics lists the construction industry, manufacturing, agriculture, healthcare, and warehousing among professions where employees can easily be injured.
The Occupational Safety and Health Administration (OSHA) reported that fall protection omissions are among the common hazards faced on construction sites. Injuries could happen because of falls, falling objects, and faulty equipment.
Construction sites involve numerous activities and machinery, which can be risky, such as scaffolding, heavy equipment, and power tools. As a worker, you might suffer compound fractures, head injuries, or deep cuts, among other injuries when an accident occurs.
If you work in manufacturing firms or warehouses, you move equipment and items. In these environments, you are more susceptible to danger from equipment, postures, and lifting. Common risks are musculoskeletal disorders, cuts, and crush injuries. Forklifts and other power industrial trucks are major causes of accidents, especially in warehouses where workers are likely to be knocked down and become seriously injured, such as broken bones, internal injuries, and other severe injuries.
The agricultural field also has its own risks, as workers are exposed to risks that come with handling machines, animals, and even harsh weather. Just by being in the vicinity of tractors and other farm equipment, you could be seriously injured, even have an amputation or a crush injury. Furthermore, you could face the risk of heat and illnesses, pesticides, and respiratory problems related to dust and chemicals.
Healthcare practitioners also face risks involving patient handling and movement, exposure to pathogens, and needle-stick incidents. Nurses and other employees in medical facilities often develop back pains and related strains due to lifting patients and other staff members and cases of cuts and puncture wounds due to exposure to sharp instruments.
Injuries From Medical Malpractice
Diseases are already challenging to deal with in this society, and when medical malpractice occurs, it worsens a patient’s condition. Injuries from medical malpractice usually result from the conduct or lack of it by different healthcare providers. Doctors, surgeons, nurses, anesthetists, and other medical personnel can all be negligent when their acts/omissions are below the expected standard of care.
Medical malpractice injuries occur from several circumstances, including:
- Diagnostic inaccuracy. This occurs when a condition is not diagnosed, diagnosed too late, or misdiagnosed. In this case, you could receive wrong or delayed treatment.
- Failure during surgeries, causing complications or even death of the patient.
- Medication-related complications, due to wrong dosage, overdosage, or under dosage
- Childbirth injuries during labor and delivery due to doctors’ negligence. The baby or mother could experience lifelong complications.
The above injuries happen due to recklessness, unqualified medical staff, and lack of knowledge in specific chronic conditions. This explains why a nurse might make mistakes when tired or not well-trained, while another well-trained, well-rested nurse will avoid making the same mistakes.
Also, a patient may be injured by a doctor through surgery since the doctor is not precise enough. A mistaken cancer diagnosis might result in no treatment at the speculated period, lowering the patient’s likelihood of survival.
Product Liability
Product liability is applicable when a product injures the user. Injuries and harm can be attributed to manufacturing defects, design defects, and inadequate warnings. These defects occur at any stage of the production cycle, from the design stage to the distribution stage.
Production flaws are usually the result of mistakes made during production, and products may be released that are notably different from the intended ones in the market. Even fully assembled and operational products can pose a hazard. Inadequate warnings or directions before using a product can also cause accidents since people misuse the product.
Injuries resulting from product defects depend on the product in question. For example:
- A defective tool can cause a catastrophic injury, such as amputations or broken limbs
- Faulty electrical appliances can cause burns or electrocution
- Failure to provide sufficient warning signs on pharmaceutical drugs may cause side effects or even toxicity of a drug
You can file claims against any of the parties in the product's distribution channel. For example, you can hold the product manufacturer liable if the product that caused harm to you had an industry defect. Distributors and retailers are responsible if they supply the products with knowledge that they are defective. Designers and suppliers may be liable if it is evident that harm resulted from their contribution.
California product liability laws can hold the defendant liable if you can prove beyond a reasonable doubt that:
- The product was defective
- The defect existed when it left the defendant’s possession
- The defect caused the injury
The legal framework allows individuals who suffered loss due to unsafe products to be compensated.
Dog Bites
Dog bite cases in California are under the strict liability rule, specifically Civil Code 3342. This law makes the dog owners liable for injuries caused to others regardless of the dogs’ past behaviors or the owners’ knowledge of any previous aggressions.
This strict liability arises if a dog bites you in a public area other than the dog owner’s house or in a private area where you have a lawful right of access.
Victims sustain puncture wounds, lacerations, and infections caused by bacteria found in a dog’s saliva. Also, fear and other psychological effects associated with being bitten by a dog pose a threat to the patient. Sometimes, bites may cause long-term injuries, such as skin scars or nerve disorders, or even be fatal, such as in cases of rabies.
The law provides that the dog owner caters to damages like medical expenses, lost wages, and pain and suffering if found liable. However, there are exceptions. For example, if the victim encouraged the dog to attack, was a trespasser, or assumed the risk, which could be a professional dealing with animals such as veterinarians or trainers, the owner’s liability might be decreased.
Burn Injuries
Burn injuries are among the most dreadful and painful types of personal injuries. Thermal burns are most frequent due to direct contact with fire, hot objects, liquid, or steam in residential environments, specifically kitchens and bathrooms.
Electrical burns happen when one comes into contact with alternating current (AC) or direct current (DC). These burns usually cause severe internal injuries that might not be easily noticeable.
You could sustain chemical burns when you come into contact with chemical solutions like acids and alkalis, common in industry and cleaning solutions. Victims of radiation burns sustain injuries from ultraviolet radiation, for example, from solar and tanning bed exposure and effects from radiation treatments used in medical treatments.
Degrees of Burns
Burn injuries are classified into three primary degrees, including the following:
- First-Degree Burns
First-degree skin burns occur on the outer layer of skin, called the epidermis. These burns are red, slightly swollen, and painful like a sunburn. No major medical intervention is needed. Healing generally takes up to one week and often does not cause any scarring.
- Second-Degree Burns
These burns spread to the second layer of skin, also known as the dermis. Second-degree burns cause blisters to form, severe pain and swelling, and a change in skin color to red, white, or blotchy. They can lead to scalding and consequently always need medical attention; they take weeks to heal.
- Third-Degree Burns
Third-degree burns are the worst types of burns. They damage both the epidermis and dermis, as well as the underlying tissue, muscles, and bones. Your skin may appear blackened, white, or leather-like. Also, you might not feel initial sensations of pain due to nerve affectation. Third-degree burns need urgent treatment and very often require surgery in the form of skin grafting, which results in rather severe scarring and further long-term treatment.
Bicycle and Pedestrian Accidents
Bike/pedestrian crash-related injuries are common in California. This is because motorists:
- Neglect their right of way,
- Open car doors into the path of cyclists
- Fail to look out for bicycles while performing turning maneuvers
The California DMV advises cyclists to keep control of their bicycles, wear helmets, and wear lights and reflectors at night to improve their visibility on the road.
Pedestrians face risks on the road, especially when motorists are overtaking other vehicles or proceeding through an intersection while pedestrians are not fully alert. A study by UC Berkeley’s Safe Transportation Research and Education Centre (SafeTREC) shows that pedestrian and bicycle crash statistics remained high despite the development, suggesting the necessity for greater precaution and attention.
Injuries you could sustain in the above incidents include simple flesh wounds and severe complications. Examples are internal injuries like breakages in the bones, head, and spinal injuries.
With the help of a personal injury lawyer, you could pursue damages such as pain and suffering, medical expenses, or loss of income.
Public Transportation Accidents
Accidents in public transport are a major cause of concern, given that they affect many people in crowded and busy areas such as California. These accidents can happen on buses, trains, and even the light rail system, a transport method available for use by the public.
Many factors are responsible for accidents involving public transportation. Such causes include operator errors, malfunctions in machinery and vehicle parts, and dangerous and/or poorly constructed roads.
Operator error can be due to fatigue, lack of attention, or inadequate training of the operator involved. Mechanical failures can be attributed to poor maintenance or substandard manufacturing processes. Road factors such as inadequate signage, poor road surface with potholes, or unfavorable weather can cause public transport accidents.
Passengers, operators, and even pedestrians sustain minor to severe injuries from public transport accidents. Passengers may experience whiplash, broken bones, and concussions due to sudden stops or collisions. More severe accidents can lead to traumatic brain injuries, spinal cord injuries, and, in the worst cases, fatalities. Operators are at risk of similar injuries, adding to the physical and mental stress of managing large vehicles in high-traffic situations.
Determining liability in public transport accidents is hard because it involves multiple parties. The public transportation agency may be liable for inadequate maintenance or insufficient operator training. Manufacturers could be responsible if a mechanical defect contributed to the accident. Additionally, other drivers on the road or even city planners could be implicated if poor road conditions or traffic management played a role.
Wrongful Death
Under California laws, a wrongful death occurs when a person dies as a result of the negligence of another. Under the Code of Civil Procedure of the State of California, section 377. 60 persons who can institute a wrongful death claim are:
- Spouses
- Domestic partners
- Children
- Other dependent individuals who were financially dependent on the deceased person
The wrongful acts causing death can include car accidents, medical malpractice, and intentional acts like assault or murder. If a person dies due to the carelessness or malicious actions of another party that are in some way unlawful, a wrongful death claim can be filed.
You could seek economic and non-economic damages in a wrongful death suit. Economic compensation could include monetary losses like earnings and the funds that the deceased would have bestowed, gifts, and housekeeping services, along with funeral and burial costs. Non-economic damages are meant to compensate for the loss of love and affection, protection, and moral support.
The legal process for a wrongful death claim in California involves several stages. It starts with filing the lawsuit within two years from the date of death, as mandated by the statute of limitations. The case then progresses through discovery, negotiations, and potentially a trial if a settlement is not reached. An experienced personal injury lawyer can help you with the process, ensuring that all legal requirements are met and advocating for the family's rights.
Seek Help From a Personal Injury Attorney
Accidents like car accidents, explosions, or medical malpractice happen daily. They cause various personal injuries, such as broken limbs, traumatic brain injuries, or others as mentioned above. Often, natural causes, human error, or negligence cause the accidents. If someone else’s negligence causes you harm, you can bring a damage claim.
To pursue compensation, you need to consult an experienced personal injury lawyer. At Orange County Personal Injury Attorney, we understand the profound impact an injury can have on your life. We are committed to helping you pursue the compensation you deserve. Contact us at 714-876-1959 to discuss your case and secure your legal representation.