Case Types
Ranging from fender benders to t-bone collisions, auto accidents are commonly the result of negligent driving. Motorists who are distracted, aggressive, or under the influence can cause major damage, and may be held responsible for a plaintiff’s medical bills, prescription drug costs, and compensation for lost wages. These cases involve everything from small passenger cars to large semi-trucks, and can include both injured drivers and passengers.
Workers’ Compensation laws were created to protect injured workers by providing for medical care, compensation for lost wages related to the injury, and rehabilitation and/or retraining if necessary. Almost half of all workplace injuries are serious enough to cause the employee to miss work or require ongoing medical care.
Because paying these claims can be costly, employers don’t always believe they are legitimate, creating undue delays in resolving them. Plaintiffs are responsible for proving the employer was “at fault” in order to receive a settlement.
Civil rights claims can result from a wide variety of discriminatory misconduct, including misconduct regarding age, disability, pregnancy, race, and religious discrimination — as well as different types of harassment charges. While the actions prompting these claims may not leave a person with a physical injury, they can cause significant stress and psychological damage for the claimant, making it difficult to perform at one’s fullest potential, resulting in a lack of career momentum and missed financial gain.
Construction negligence claims stem from accidents caused by unsafe construction sites, improper equipment and/or training, faulty machinery, and other dangerous work conditions. For construction workers injured on the job, employers may be held responsible for a plaintiff’s medical bills, prescription drug costs, and compensation for lost wages.
Similar to Workers’ Compensation, the Federal Employer’s Liability Act (FELA) provides compensation for railroad workers injured on the job. Almost any worker employed by a railroad company, even those whose primary responsibilities are not performed in or around trains, is protected under the FELA.
The degree of negligence the plaintiff must show under FELA (usually due to the railroad, its employees, or an equipment manufacturer) is actually less than “no fault” Workers’ Comp. However, FELA requires a higher burden of proof by the courts than Workers’ Comp, so FELA litigation can last much longer.
When a plaintiff becomes injured due to improper care of property and/or possessions, they can pursue a General Negligence lawsuit. These claims cover a broad range of specific complaints including animal bites, amusem*nt park injuries, bicycle and pedestrian accidents, plus homeowner and nursing home negligence.
The Jones Act protects maritime workers involved in accidents while at work. Sailors can receive damages due to vessel, captain, or crew negligence. Claimants must prove that their employers were negligent or “at fault,” similar to Workers’ Comp cases.
However, “comparative fault” is involved here. If the employer can prove that the plaintiff’s actions contributed to or caused the accident, the amount of the award can be reduced accordingly.
Pedestrian injury is very common, and can occur due to unsafe conditions or collisions with motor vehicles, motorcycles, bicycles, scooters, or skateboards. Injuries caused through another party’s negligence can result in compensation for a plaintiff’s medical bills, prescription drug costs, and lost wages.
If you were injured on another’s property and the property owner failed to warn you of the possible hazard, the owner may be found negligent and liable. Premise liability lawsuits encompass a wide range of accidents, but “slip and fall” cases are the most common.
This type of injury can occur on private or public property and can be caused by uneven or cracked sidewalks, poorly lit pathways, slippery or unbalanced floors, potholes, ripped carpet or rugs, and even bad weather.
A job-related injury is typically covered by Workers’ Comp insurance. However, if the injury involved negligence on the part of the employer, a fellow employee or a product, tool or machine produced by a third party, a workplace negligence lawsuit may be filed. These are often handled outside of the state-specific Workers’ Comp “no-fault” claims process.
Since these cases are not considered “no fault,” it is the claimant’s burden to prove that the other party is liable.
The loss of a loved one caused by the actions or negligence of someone else can result in a Wrongful Death suit. These claims most commonly entail medical malpractice, fatal car accidents, or when a victim is intentionally killed, and are filed by representatives of the victim’s estate.
In many personal injury cases, a plaintiff must be able to prove that the defendant was “at fault” or responsible for the accident or negligence causing the injury. The burden of proof is typically placed on the plaintiff in order to receive damages.
