Types of Personal Injury Lawsuits: Which To File and When

Accidents, medical malpractice, and defective products are types of personal injury lawsuits that vary by legal strategy, liability, and potential outcomes. Ignoring the distinctions between these different kinds of lawsuits can jeopardize your claim and your potential compensation. If you have questions about filing procedures or possible remedies, don’t leave them to chance. Instead, reach out to a law firm like Miller Law Group to connect with an attorney who practices in a relevant legal area.

Read on to learn how lawsuit types differ by situation and where to find legal help to take appropriate action.

Personal injury law is an umbrella term encompassing several different kinds of lawsuits. Broadly speaking, this category of civil claims involves physical, emotional, or financial harm caused by another party. The specific type of lawsuit depends on how the injury occurred, who controlled the risk, and what legal duties applied at the time.

While this isn’t an inclusive list, many injury claims fall within these categories:

This is the most common type of personal injury claim. Negligence cases arise when a person or entity fails to exercise reasonable care, and that failure harms someone. These lawsuits must show the at-fault party owed a duty of care, breached that duty, and caused the plaintiff measurable damages. Examples of negligence-based lawsuits include:

• Motor vehicle accidents
• Motorcycle crashes
• Trucking accidents
• Slip-and-fall incidents

Injuries that occur on someone else’s property due to unsafe or hazardous conditions fall under premises liability laws. Property owners and occupiers are legally responsible for keeping their premises reasonably safe, and failing to do so may make them liable for someone’s harm. These claims arise when injuries occur due to issues such as:

• Wet floors
• Uneven surfaces
• Poor lighting
• Inadequate maintenance

When a healthcare provider or facility fails to meet the accepted standard of care and that action or inaction causes a patient injury, the responsible entity may face a medical malpractice lawsuit. As one of the most complex types of personal injury lawsuits, these claims are subject to high legal standards and strict procedural rules. Examples of actions or inactions that can lead to medical malpractice claims include:

• Diagnostic errors
• Surgical mistakes
• Medication errors
• Birthing injuries
• Emergency room mistakes

A wrongful death claim is filed when a person dies because of another party’s negligence or misconduct. These claims may be brought by a representative of the deceased person’s estate on behalf of the surviving family members. Wrongful deaths can arise from any of the civil actions listed above, as well as criminal acts, such as drunk driving or assault.

The type of personal injury lawsuit you file matters because it defines the legal standards, evidentiary requirements, and potential defendants. Filing the wrong action can put you at risk of dismissal, missing deadlines, or jeopardizing your leverage with insurance companies. If you’ve been harmed, you should consider speaking to a law firm with personal injury practice areas to help ensure you file the appropriate claim and safeguard your rights.

Law firms investigate thoroughly to identify applicable claim types. Depending on the circumstances, a single injury can result in multiple claims against different defendants. Consider this scenario:

You slip on a wet floor at the grocery store. Who is legally responsible?

• If certain premises liability claim types apply, the business owner could be responsible for improper facility maintenance or upkeep.
• If the slippery floor was due to a defective, leaking refrigerator unit, the appliance manufacturer could face product liability.
• When the employee who is mopping fails to display warning signs, they could be accountable. Their employer could also share personal injury liability for negligent training or oversight.
• The property type (federal, private, or public) can also change which personal injury laws apply.

Correctly identifying the at-fault party is key to starting a claim focused on gathering the right evidence and seeking the correct legal action.

Determining when different kinds of lawsuits apply requires looking at the situation to define who was responsible, where it occurred, which standards apply, and how much damage the incident caused. From there, you’ll need to prove the legal theory.

Some claims require proof of industry standards, others focus on property maintenance, and others center on how a product was manufactured. These are some of the facts instrumental in determining which lawsuit framework applies:

• Where the injury occurred: Injuries on private property, commercial premises, public spaces, or government property may be under the authority of different personal injury laws.
• Who controlled the risk: Liability often depends on whether a property owner, business, employer, manufacturer, or another party had responsibility for preventing the hazard.
• How the injury happened: Whether the harm resulted from a one-time act, an ongoing unsafe condition, a product failure, or a professional decision can change the applicable claim type.
• Which professional standards apply (if any): Injuries involving licensed professionals, such as doctors, nurses, or other healthcare providers, may be subject to malpractice rules rather than general negligence.
• The extent of injuries: Fatal car accidents or other injuries resulting in loss of life may shift the claim into a wrongful death action, changing who can file and what damages may be pursued.
• When the injury was discovered: The timing of discovery can sometimes affect both the lawsuit type and when it must be filed.

Legal actions aren’t interchangeable, and neither are lawyers. If you’ve been injured due to someone else’s actions, our personal injury law firm in Raleigh can help. Contact Miller Law Group today to learn how we can help you pursue the compensation you deserve.