Law Offices of John Michael Jensen

Injured in An Accident? Know Your Rights.

The most common incidents that can lead to injury and subsequent lawsuits often involve situations where someone’s negligence or intentional acts cause harm to another individual. Here are some of the typical scenarios:

1. Motor Vehicle Accidents: These are among the most common causes of personal injury lawsuits. They can involve cars, trucks, motorcycles, bicycles, and pedestrians. Claims often arise due to reckless driving, driving under the influence, distracted driving, or failure to obey traffic laws.
2. Slip and Fall Accidents (Premises Liability): Property owners may be sued if someone slips, trips, or falls as a result of unsafe conditions on the property, such as wet floors, poor lighting, or uneven surfaces.
3. Medical Malpractice: When healthcare professionals fail to provide an acceptable standard of care, patients may suffer injuries. Common claims include surgical errors, misdiagnosis, childbirth injuries, and medication errors.
4. Workplace Accidents: Injuries at work can lead to lawsuits, particularly if the employer does not carry workers’ compensation insurance or if a third party’s negligence caused the injury.
5. Product Liability: Manufacturers and sellers can be held liable if their products are defective or dangerous and cause injury. Common claims involve faulty automotive parts, dangerous pharmaceuticals, or unsafe children’s toys.
6. Dog Bites: Owners can be held liable for injuries caused by their pets, with the specifics of liability varying by jurisdiction.
7. Assault, Battery, and Other Intentional Torts: When one person intentionally harms another, the injured party can sue for damages.
8. Defamation: Libel (written) or slander (spoken) can cause harm to a person’s reputation, leading to a lawsuit.
9. Wrongful Death: When negligence or an intentional act results in death, the victim’s family may bring a wrongful death lawsuit.
10. Sports and Recreational Accidents: Injuries during sports or recreational activities can sometimes lead to lawsuits, especially if caused by negligent supervision, poor maintenance of equipment, or unsafe conditions.
11. Construction Accidents: Construction sites are hazardous, and accidents can occur, leading to claims against contractors, property owners, or equipment manufacturers.
12. Nursing Home Abuse and Neglect: When the elderly or disabled are injured due to abuse or neglect in a care facility, it can lead to a lawsuit.

These incidents can lead to a range of lawsuits depending on the circumstances, including personal injury claims, workers’ compensation claims, and wrongful death suits. Each type of incident has its own legal considerations and complexities, often requiring the expertise of a lawyer who specializes in that particular area of law.

Why See An Attorney?

An injured person should consult with an attorney for several important reasons:

1. Understanding of Legal Rights:
   • An experienced attorney can explain an injured person’s legal rights and the laws pertinent to their injury. This is crucial for making informed decisions about pursuing legal action.
2. Assessment of Claim Viability:
   • A lawyer can assess the strengths and weaknesses of a potential claim and advise on the viability of pursuing legal action based on the specifics of the case.
3. Determination of Compensation:
   • Attorneys are skilled in accurately valuing claims and can determine the full extent of damages that may be recoverable, including medical expenses, lost wages, pain and suffering, and future care needs.
4. Negotiation with Insurance Companies:
   • Insurers often aim to settle claims quickly and for as little as possible. An attorney can negotiate with these companies to seek a fair settlement that reflects the true value of the claim.
5. Representation in Legal Proceedings:
   • If a lawsuit is necessary, a lawyer can represent the injured person in all legal proceedings, ensuring that their rights are protected and that the legal paperwork and procedures are handled correctly.
6. Expertise in Proving Liability:
   • Attorneys have the experience and resources to gather evidence, consult with experts, and build a strong case to prove liability and demonstrate the extent of the injury caused by another party’s negligence.
7. Litigation Experience:
   • In the event that a fair settlement cannot be reached, an attorney with litigation experience can take the case to trial, advocating on the injured person’s behalf for the compensation they deserve.
8. No Upfront Costs:
   • Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if they win or settle the case. This arrangement allows injured individuals to seek legal representation without upfront costs.
9. Mitigation of Stress:
   • Dealing with legal issues can be stressful, particularly when recovering from an injury. An attorney can handle the legalities and communications, allowing the injured person to focus on their recovery.
10. Timely Filing:
    • There are statutory deadlines for filing injury claims, known as statutes of limitations. A lawyer can ensure that all claims are filed within these legal time frames.
11. Level the Playing Field:
    • Going up against large companies or insurance firms can be daunting. An attorney can level the playing field by bringing legal expertise and resources to the table.
12. Avoidance of Mistakes:
    • The legal system can be complex and confusing. An attorney can help prevent costly mistakes that could jeopardize the claim, such as saying something to an insurance adjuster that could be misinterpreted or signing a release form without understanding the consequences.

By consulting with an attorney, an injured person can gain an advocate who is dedicated to protecting their interests and working so they receive compensation for the harms they’ve suffered.