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Personal Injury Basics

It is generally necessary for an individual to prove that their injuries from defective consumer products were due to negligence on the part of another individual in order to succeed with a product liability case. For example, an individual cannot sue the manufacturer if the injured party deliberately misused the product or did so in a way that was specifically warned against. In a case such as this, manufacturer or retailer would not be responsible for any damages sustained by the injured party. Product liability cases can apply to a wide variety of instances.

An injured individual may feel that it cheapens the experience that they have lived through if they try to put a dollar amount on their injuries. The fact is that an individual who have suffered due to the negligence or irresponsibility of another person deserves to know exactly what their claim is worth. Knowing the worth of your personal injury claim will require you to discuss every aspect of the case with a qualified attorney. An attorney will be able to determine the value of your claim by calculating the degree to which it can be proven that the injury was due to another person’s fault.

One of the most common types of personal injury lawsuits are those involving medical malpractice and negligence. Intentional injuries, such as those sustained from battery, assault, or murder can also fall under the heading of personal injury. For example, wrongful death and elder abuse are often grounds for a personal injury lawsuit. Exposure to hazardous chemicals can also lead to a personal injury lawsuit, such as when a person suffers from pollution, mold, lead poisoning, or even chemical exposure. Accidents involving motor vehicles can also lead to a lawsuit, especially if one individual was operating a vehicle in a reckless, irresponsible, or negligent way.

It is not always necessary for an individual to be negligent or take part in some type of intentional wrongdoing in order to be found liable for injuries in a personal injury law case. For example, in product liability cases the manufacturer or retailer may not have purposely taken part in any type unsafe behavior but can still be found liable for damages caused by their product. Again, the best way for an individual to determine whether or not it is worth pursuing a personal injury law case is to have a frank and honest discussion with an attorney.

The total personal injury cases filed in 2010 reached 84,060. This is 12.73% higher than 2009. 2,774 of these filings are U.S. Cases while 81,286 are private cases arising from product liability and other personal injury. Pennsylvania has the highest filings due to multidistrict litigation (MDL) of product liability related to asbestos were transferred to the Eastern District of Pennsylvania. An increase in filing in the Southern District of Illinois was due to a product liability MDL involving Bayer Pharmaceuticals contraceptives. The District of Minnesota also has an several MDLs due to product liability claims. Personal injury case filings in the Southern District of Texas was due to student loans and insurance litigation.

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