A popular misconception among many injured victims is that all injuries qualify for legal action. But as you’re about to find out, every injury must satisfy certain thresholds before you can legally pursue the other party for compensation.
Understanding those requirements is critical in navigating the aftermath of a devastating accident. It enables you to manage your expectations, whether or not you opt to pursue legal redress.
Read below as we delve into the types of injuries that warrant legal action.
Types of Personal Injuries
1. Workplace Injuries
Workplace injuries are sustained at the place of work. They’re usually caused by unsafe working conditions, leading to accidents like equipment malfunctions, electrocution, and exposure to biohazards.
Falls from high elevations, such as in construction sites, also constitute workplace injuries.
Nevertheless, if you suffered a workplace injury, you should immediately hire an experienced and certified local injury lawyer. Such attorneys are well-versed in local laws and can swiftly help you file your claim.
For instance, if you work in New York and have a workplace injury, working with experienced New York personal injury lawyers can help you navigate the ensuing claims process. The attorneys will assist with evidence documentation and analyze the merits of your case before drafting a robust legal strategy.
2. Slips and Falls
Many people erroneously classify slips and falls among workplace injuries. However, these accidents can occur in non-work environments, such as shopping malls, the streets, and even on private property.
Common causes of slips and falls include slippery floors, poorly installed stairways, and inadequate lighting.
3. Motor Vehicle Accidents
Motor vehicle accidents can cause grievous bodily harm and even wrongful deaths. Resultant injuries are usually due to collisions involving different automobiles, including cars, trucks, and motorcycles.
According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), U.S. roads claimed nearly 40,000 lives in 2024. Thousands of others sustained bodily harm, making motor vehicle injuries one of the most commonly prosecutable types of personal injuries.
4. Medical Malpractice
Medical malpractice injuries are often caused by unqualified medical practitioners. They fall into different categories, including;
- Misdiagnosis – Leading to delayed, inadequate, or improper treatment
- Medication Errors – Usually due to misdiagnosis
- Surgical Errors – Unintentional injuries caused during surgical mistakes
- Birth Injuries – Injuries to an infant or its mother during childbirth
5. Intentional Torts
This type of personal injury encompasses intentional acts that lead to physical harm. Examples include assault and battery.
Note that intentional torts may be considered personal injuries even if the victim also inflicted physical harm on their assailants in self-defense.
6. Pet Attacks
Pet attacks constitute personal injuries if investigations uncover that the owner was negligent in restraining their pets.
Dogs account for the most pet attacks in the U.S., with over 12,000 citizens getting hospitalized annually due to dog bites.
7. Defective Products
Personal injuries may also result from improperly labeled or poorly manufactured products.
Such injuries have led to costly class-action lawsuits, bringing affected companies to their knees.
8. Brain and Spinal Injuries
Injuries to the brain and spinal cord can cause permanent physical disability or cognitive impairment.
Due to their lasting effects (coupled with lost income), compensation usually runs into millions of dollars.
9. Defamation
Unlike most personal injuries that result in physical harm, defamation targets a person’s reputation.
Payouts can be astronomical since the injuries are difficult to quantify.
10. Emotional Distress
Many injuries cause a degree of emotional pain. Studies have established a close relationship between road accidents and post-traumatic stress disorder (PTSD), underscoring the significance of a holistic therapy for auto collision victims.
Emotional distress, like defamation, is unquantifiable. So, settlements pretty much depend on your attorney’s negotiation prowess.
11. Wrongful Death
This is perhaps the most horrible consequence of personal injuries. While many injured victims live to tell their stories, some aren’t so lucky.
Wrongful deaths often attract the highest penalties of all personal injury cases. Besides getting slapped with hefty fines in restitution, the negligent party may also be sentenced to a jail term.
Other Conditions That Qualify Personal Injuries for Legal Action
1. Actual Damages Suffered
Personal injuries must result in actual damages to the victim. Your attorney will actually make a case for compensation based on those damages.
To calculate the full damages, personal injury lawyers typically rely on medical expenses. These include emergency evacuation fees, consultation fees, diagnostic costs, and treatment costs.
Factors like emotional suffering, property damage, and lost income may also help to calculate damages from personal injuries.
What if I wasn’t treated for any injuries?
Well, there’s no need to fret. As mentioned, a personal injury attorney can still calculate your damages based on unquantifiable metrics like emotional trauma. The attorney will argue that the accident inflicted severe emotional pain that requires immediate and long-term monitoring.
2. Compelling Evidence
Before initiating a personal injury claim, there must be solid evidence linking your injuries with alleged cause. That explains the logic behind contacting a lawyer immediately after sustaining an injury.
Your attorney will rush to the accident scene and embark on the critical process of evidence documentation. They’ll take pictures and videos of the scene, record witness statements, and secure your own incident report.
Other pieces of evidence will depend on the accident in question.
For instance, your attorney will require the equipment maintenance logs for workplace accidents caused by faulty machinery. The logs can provide useful insights on whether your employer has grossly ignored critical equipment maintenance, helping to prove negligence.
3. Timely Reporting
How soon you initiate a personal injury claim determines whether your injuries qualify for legal action or not. It’s important to commence the process before the expiry of the statute of limitations, which varies from one state to another.
Personal injury claims in New York must be initiated within three years of sustaining the injury. However, this general rule is subject to some exemptions.
Injuries resulting in wrongful deaths are often subject to a shorter statute of limitations of two years.
If the victim is a minor, their statute of limitations commences when they turn legal adults.
The shortest statute of limitations applies to injuries caused by negligent government entities. Where the government is the defendant, you can file a claim or press charges within 90 days from the date of your injuries.
The Bottom Line
Merely sustaining an injury won’t help your case unless you can prove that the harm was a direct consequence of another party’s careless actions. To improve your chances of compensation following a devastating accident, insist on working with an experienced personal injury lawyer.
Personal injury attorneys are professionally trained on evidence documentation and preservation. Besides, they’re able to link every piece of evidence to the alleged cause. This enables them to apportion blame accordingly, ensuring the at-fault party is held responsible for their negligent actions.
Personal injury lawyers are also experts at handling negotiations with insurance companies. And if such negotiations collapse, the attorneys are happy to pursue your case in a court of law.
