When you hear “personal injury,” what comes to mind? For many, it’s the image of a car accident. And while motor vehicle collisions comprise a big part of our caseload at Kisailus Law Firm, the truth is, personal injuries are much broader. If you’ve been hurt due to someone else’s negligence, understanding the full scope of personal injury cases can empower you to seek the justice and compensation you deserve.

 At Kisailus Law Firm, we believe in providing clarity and guidance during challenging times. That’s why we’ve put together this overview of the diverse situations that can qualify as a personal injury claim. It’s about more than just fender benders; it’s about accountability when someone else’s actions cause you harm.

 The Cornerstone: Negligence

At the outset, it’s crucial to understand the fundamental principle underlying most personal injury claims: negligence. In legal terms, negligence occurs when someone fails to exercise the reasonable care that a prudent person would under similar circumstances, and this failure directly causes injury to another person. To have a valid personal injury claim based on negligence, four  elements typically need to be present:

• Duty of Care: The at-fault party had a legal duty to act with reasonable care towards the injured party. For example, a property owner has a duty to maintain a safe environment for visitors.
• Breach of Duty: The at-fault party failed to meet this standard of care. This could involve actions like running a red light or failing to clean up a spill.
• Causation: The at-fault party’s breach of duty directly caused the injury. There must be a clear link between their negligence and your harm.
• Damages: The injured party suffered actual harm as a result of the injury, such as medical expenses, lost wages, and pain and suffering.

 With this foundation in mind, let’s explore some common categories of personal injury cases:

1. Motor Vehicle Accidents:

As mentioned, these are a frequent type of personal injury claim, and the kind that we see most often. They encompass a wide range of incidents involving cars, trucks, motorcycles, buses, and pedestrians. Negligence in these cases can involve distracted driving, speeding, drunk driving, failure to obey traffic laws, and more.

2. Slip/Trip and Fall Accidents (Premises Liability):

Property owners have a responsibility to maintain a safe environment for lawful visitors. If they fail to do so and someone is injured due to hazards like wet floors, uneven sidewalks, inadequate lighting, or hidden dangers, it can lead to a premises liability claim. In Pennsylvania, these case are notoriously difficult but at Kisailus Law Firm, we have a track record of taking these tough cases that other firms reject and getting our clients compensated.

3. Medical Malpractice:

Healthcare professionals have a duty to provide competent and skillful care. When their negligence, such as misdiagnosis, surgical errors, medication errors, or birth injuries, causes harm to a patient, it can be grounds for a medical malpractice lawsuit. These cases are often complex and require specialized legal knowledge.

4. Workplace Accidents:

While workers’ compensation provides a system for employees injured on the job, there are situations where a personal injury claim against a third party (someone other than the employer) may be possible. This could involve defective equipment manufactured by a company other than your employer or negligence by an independent contractor at the worksite.

5. Defective Products (Product Liability):

Manufacturers, distributors, and sellers have a responsibility to ensure their products are safe for consumers. If a defect in a product’s design, manufacturing, or labeling causes injury, the injured party may have a product liability claim. This can involve anything from faulty car parts to dangerous household appliances.

6. Dog Bites:

Many states have specific laws regarding dog bites. In Pennsylvania, a dog owner may be held liable for injuries caused by their animal, dependent upon the victim’s proof of negligence.

 Beyond the Common Categories:

This list is not exhaustive. Other situations can also lead to personal injury claims, such as:

• Nursing Home Abuse and Neglect: When vulnerable individuals in care facilities suffer harm due to negligence or intentional mistreatment.
• Construction Accidents: Often involving complex issues of worksite safety and multiple responsible parties.
• Toxic Exposure: Injuries resulting from exposure to harmful substances in the environment or workplace.
• Boating Accidents: Accidents caused by negligent operation of watercraft.

 Seeking Guidance and Protecting Your Rights:

If you’ve been injured due to someone else’s negligence, it’s crucial to understand your rights and explore your legal options. Each personal injury case is unique, and the specific laws and procedures involved can vary significantly.

 At Kisailus Law Firm, we offer a free consultation to discuss the details of your situation and provide you with personalized guidance. We are committed to fighting for the rights of injured individuals in Northeast Pennsylvania and helping them recover the compensation they need to move forward. Don’t navigate this challenging time alone. Contact us today to learn how we can help.