Understanding Personal Injury Accidents in Folsom
I’m Ed Smith, a Folsom personal injury lawyer. Personal injuries occur when an individual suffers harm in an accident because of the negligence of another individual or entity. When this happens, the individual may place a claim for fair compensation to pay for the financial and emotional damage caused by the accident. Obtaining the compensation they deserve is not always easy. Let’s look at some types of personal injury accidents and damages that an injured person can obtain.
What Types of Accidents Are Considered a Personal Injury?
A number of events can result in a personal injury. Following are some areas where a personal injury normally occurs:
- Motor vehicle accident: Being injured in a car collision is the most common type of accident where injuries occur that might fall under personal injury law. Negligence must be proven in order to obtain compensation. For example, the driver of another vehicle was speeding, driving drunk or exhibiting other signs of negligence when the accident occurred.
- Accidents on the job: It is an employer’s responsibility to provide a safe work environment. Accidents that happen while at work can result in a personal injury. Some examples include accident injuries caused by defective machinery, unsafe work conditions, lack of appropriate protective gear and more.
- Slip and fall accidents: Property owners are legally required to keep the premises hazard free. This type of accident falls under the category of premises liability. For example, stairs in disrepair, damaged carpeting in a retail store and wet spots on floors can cause a slip and fall, resulting in injury.
- Defective products: Harmful products cause many serious injuries every year. Responsibility for a product that causes an injury may lie anywhere along the chain from design of the product, through to the manufacturer, installer, wholesaler, and retail store that sold the product. Examples include dangerous foods, automobile parts and children’s products.
- Pedestrian accidents: Pedestrians have no protection against collisions with a motorist. Speed is more than a factor in pedestrian accidents.
- Dog bites: Injuries caused by a dog in the state are covered under California Civil Code Section 3342. This would apply to both public places and residences if the individual who was bitten was on the property lawfully.
- Medical malpractice: Hospitals, physicians, pharmacists, nurses and others who are negligent and cause harm to another can be held liable in a personal injury. Misdiagnosis, prescribing the wrong medication or wrong dosage, surgical errors and other mistakes are common in medical malpractice.
- Work-related diseases: Diseases caused by exposure to hazardous substances in a work environment can be compensated such as mesothelioma, which is cancer that can be caused by exposure to asbestos.
- Bicycle accidents: Riding a bicycle is fun, but it can also be dangerous. When someone is injured by a negligent motorist, they have the right to collect damages to pay for medical care and lost wages.
Recovering Damages in a Personal Injury Case
Various kinds of damages can be recovered in a personal injury, including:
- Medical bills: This includes ambulance, hospitalization, tests, physician visits and prescriptions can be compensated. Travel to and from a doctor’s office or other places for treatment. It also includes necessary aftercare and rehabilitation costs. If future expenses are expected that are related to the injury, those are also covered.
- Lost earnings: Monies the injured person would have earned are covered, including any bonuses, commissions or fringe benefits.
- Scarring or disfigurement: Some injuries leave the individual with scars or other disfigurements. The injured party can be compensated for any cosmetic surgeries and for the embarrassment or humiliation of the injury.
- Loss of consortium: This is compensation because of the damage caused to a personal relationship such as with a spouse or partner. It includes problems with a sexual relationship, affection, loss of society and assistance.
- Pain and suffering: These are general damages that refer to your physical pain and emotional or mental anguish caused by an accident and resultant injuries. Symptoms may include sleeplessness, fear, nightmares, anxiety and post-traumatic stress disorder.
Folsom Personal Injury Lawyer
I’m Ed Smith, a Folsom personal injury lawyer. If you have been injured through another person’s or entity’s negligence, an experienced personal injury lawyer can explain your rights and help you recover the compensation you deserve. I am happy to offer you free and friendly advice at (916) 921-6400 or by calling (800) 404-5400.
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