Do You Have a Case? – Aronberg and Aronberg

Jul. 20th, 2012   /  

You may find yourself, on many occasions, wondering whether or not you have a legitimate personal injury case on your hands.  That is, you may contemplate seeking retribution for damages you may have incurred due to the actions of another.  In this blog post, we’d like to give you a very basic guide to what may be a legitimate case and what may not be a viable personal injury case. 

The most common type of personal injury case is a car accident.  If you experienced any loss (physical, financial, emotional, etc.) loss due to the negligence of another driver, you are entitled to seek compensation for your loss(es).  A typical example of this sort of case might be if you were driving down a highway at the speed limit, and a speeding vehicle comes up behind you and crashes into the rear of your vehicle, causing damage to your car and medical problems with your body.  In such an instance, you would be entitled to—and expected to—hire an attorney to assist you in recovering money to help cover the losses you experienced as a result of the recklessness of the speeding driver.

Another common type of personal injury case is what is commonly referred to as a “slip and fall.”  Much the same as a car accident case, a slip and fall case operates on the idea that if you slip and fall on a premises that should have been free of hazards, and you injured yourself in the process, the owner of the premises might very well be liable for covering your damages (whether they be medical bills, lost time at work, or any other type of relevant loss).  For example, let’s say you are doing a grocery shop at your local grocery store.  In the vegetable aisle, you reach to grab a bag of carrots and, in the process, you slip on a puddle of water, resulting in a fall that breaks your leg.  In this case, the grocery store would almost certainly be responsible for covering the costs of your medical bills, lost wages, etc.  The grocery store is expected to maintain a safe shopping atmosphere (free of puddles and other hazards).

One last (of many possible) common personal injury cases is one known as a “medical malpractice” case.  Medical malpractice is pretty self-explanatory—it has to do with malpractice (improper) conduct of a medical nature, usually carried out by a medical professional.  A common example would be if a doctor misdiagnosed you and, as a result, you suffered losses because of the doctor not acknowledging or recognizing the true problem to begin with.  In this instance, your losses could have been prevented had the doctor acted in a proper manner, thus rendering the doctor possibly liable for your subsequent losses.

While there is a large scope of personal injury law, not everything is grounds for a viable lawsuit.  For example, a woman in New Jersey is currently suing an 11-year old little league baseball player for damages the woman suffered when the ball the boy threw hit her in the face.  This case is frivolous because the boy did not throw the ball intentionally—the woman was at a baseball game and happened to have been caught in the line of fire.  As far as sporting events go, the courts generally view the topic on the premise that those who attend sporting events assume the associated risks. 

Of course, you should always consult an attorney before moving forward (or backward) with any type of lawsuit.  If you have any questions about any of the above examples, or any questions about a possible personal injury case that you might have, contact us at 561-266-9191 or daronberg@aronberglaw.com.

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