What Can You Sue for in a Lawsuit for Personal Injury?
When you become injured due to another person’s negligence, you may feel lost and confused about your legal options. This is because you likely have a lot on your plate, trying to determine how you will pay your bills and cover your expenses while also being out of work and healing and recovering. However, it is important to understand how personal injury lawsuits work. If you decide to pursue this legal route, you need to know how to protect your rights and secure the compensation needed to cover your losses.
A person may be considered negligent if they act carelessly or recklessly, make a mistake or error, fail to act reasonably, or intentionally hurt you. For example, a driver is considered negligent for getting behind the wheel after having a few alcoholic beverages and causing another individual serious harm with their reckless and careless actions. Another example is if a surgeon fails to read the patient’s records and operates on the wrong leg, they are considered negligent for not providing the standard level of care that other competent surgeons would have.
When you file a personal injury lawsuit, you seek to be financially compensated or to be made whole again after suffering injuries due to another party’s irresponsible or intentional actions. While it may sound like a good idea to file this type of lawsuit, you should consult with a Richmond personal injury attorney as soon as possible for advice and guidance on how to, and whether you can, successfully pursue this option and obtain the financial recovery that you need and deserve to move forward with your life.
Examples of various types of personal injury cases
There are many different types of personal injury cases. For example, some personal injury cases involve minor injuries such as cuts and lacerations. In contrast, other personal injury cases involve catastrophic injuries such as amputations, traumatic brain injuries, spinal cord injuries, and paralysis. Therefore, it is important to realize that every personal injury case is unique and different. If you need help navigating a personal injury case, you should schedule a consultation with an attorney to review your situation’s facts and circumstances. This will give you a realistic look at your legal options and help you understand the compensation you may receive based on your injuries. Here are a few examples of various types of personal injury cases:
- Motor vehicle accidents: Motor vehicle accidents are among the most common types of personal injury accidents. These cases typically arise when a person is involved in a car, truck, or motorcycle accident due to another party’s negligence. If another driver is speeding, driving distractedly, or falling asleep behind the wheel and causes an accident because of this negligent behavior, you can file a personal injury lawsuit seeking to hold them accountable.
- Medical malpractice accidents: Medical malpractice accidents happen when a medical professional, such as a physician, nurse, dentist, or even a phlebotomist, fails to provide the standard of care to a patient, which results in an injury or death. Medical malpractice cases usually need thorough investigation and strong evidence showing that medical mistakes or errors occurred, causing the patient’s injuries. Therefore, most of the time, victims of medical malpractice use testimony from expert witnesses to break down the facts of their case and explain how the medical professional acted negligently and caused them harm.
- Defective product accidents: When you purchase any product or item, you expect it to work safely and effectively. However, if you become injured or develop an illness after using a product, you can file a personal injury lawsuit against the product’s manufacturer, designer, or seller. This is called a defective product case, which may involve car parts, medications, children’s toys, hair care products, furniture, and more.
- Premises liability accidents: Premises liability accidents occur when a Richmond property owner does not maintain their property, leading to unsafe and hazardous conditions. For example, if you are walking up the steps in a home and fall through them, you can most likely sue the owner of the home for your injuries. These cases happen not only at personal properties but also at public swimming pools, amusement parks, hotels, grocery stores, and more.
- Birth injuries: During labor and delivery, doctors and other medical professionals are required to closely monitor the pregnant mother and the unborn baby. If they fail to monitor them or make a mistake or error that causes a birth injury to the pregnant mother or results in a stillbirth or fetal death, the pregnant mother or her spouse may be able to file a personal injury lawsuit.
What can you sue for in a lawsuit for personal injury?
Depending on the facts and circumstances of your case, you may be able to sue for compensation to cover several different losses. A few of the losses you can file a lawsuit for include:
- Medical bills: Even if you think your injuries are minor, it is crucial to visit a licensed medical provider after your personal injury accident. If your medical costs from the accident accumulate, you can file a suit to seek compensation for your emergency room visits, doctor’s office visits, hospitalizations, surgeries, prescriptions, physical therapy, occupational therapy, and more.
- Loss of income: After being injured, you will likely need to be out of work for several weeks or months to heal and recover. If this is the case, you can file a lawsuit to seek compensation for the income you have lost and will lose due to being out of work. Your attorney can help you determine how much income you might lose based on how much you make, the doctor’s notes, the severity of your injuries, and how long you are expected to be out of work or healing.
- Pain and suffering: Pain and suffering can vary from person to person. Some examples of pain and suffering are physical pain, emotional distress, diminished quality of life, loss of enjoyment of activities, mental trauma, permanent disability, scarring and disfigurement, and more. Even though you may be unable to put an actual monetary value on these losses, your attorney will determine how much they affect your life and how much money you deserve based on their findings.
- Property damage: If you are involved in a motor vehicle accident, you may need to sue for compensation to cover your property damage. If your vehicle requires expensive repairs or needs to be completely replaced, you can seek damages to help you pay for these costs.
- Mental and emotional consequences: Mental and emotional consequences often emerge from personal injury accidents. This includes mental trauma, emotional distress, depression, anxiety, post-traumatic stress disorder, isolation, loneliness, and more. If you experience any mental or emotional consequences after an accident, you may need compensation to help you cover your medications, counseling, and psychiatry appointments.
At Phelan Petty Injury Lawyers, we have a proven track record for helping clients successfully file personal injury lawsuits and obtain the compensation they are entitled to. Please call our office or complete our contact form to schedule a free, no-obligation consultation today in our Richmond office. Our personal injury attorneys are based in Richmond, but we happily serve clients throughout Virginia.
Michael Phelan is a Virginia trial attorney who practices with a special focus on traumatic brain injury (TBI) cases, pharmaceutical and medical device claims, product liability cases, and truck accidents. Michael’s peers have consistently recognized him for his excellence as a trial lawyer, and his clients have praised him for his commitment to deep research, his outstanding communication skills, and his sincerity and dedication.