In the judicial system, tort law refers to the branch of civil law where a person harmed by another person or entity is entitled to seek a remedy. That remedy often compensates for any losses from harm or personal injury. Tort law is different from an insurance claim.
With an insurance claim, you are seeking reimbursement based on the conditions of an individual’s insurance policy.
However, if you can’t find satisfaction with the insurance company, you might need to file a civil complaint. That sets up a potential court trial where your personal injury lawyer will step up and be your advocate before a judge and jury.
Before that can happen, you will most likely need to go through the claims process first, but your personal injury attorney can also help with that. Our attorneys at Forbes Law Offices can also help you with the initial insurance claim. We’ll gather all the relevant evidence, assess your total damages, and negotiate with the insurance company on your behalf.
Here are nine kinds of cases we handle as personal injury lawyers:
Car Accidents
Car accidents are at the top of the list of personal injury cases. In nearly all car accidents, there will be an at-fault driver. This is the person who caused the accident through their negligence. It will be their insurance company against whom you will file the initial claim.
Some examples of car accidents caused by negligence can include the following:
- Speeding
- Running a red light or stop sign
- Failing to yield
- Making an illegal turn
- Distracted driving
- Driving under the influence of alcohol or drugs
You and your personal injury lawyer will be able to use the police crash report, witness statements, and any available surveillance videos to support your version of the story.
Commercial Truck Accidents
In a collision between a commercial truck and a car, the truck will always dominate, which is not a good outcome for the car. As with a car collision, if you’re involved in a truck accident, it’s typically the driver who’s primarily responsible for the crash.
However, your lawyer might dig deeper and discover that other entities could be held accountable, such as the following:
- Trucking company
- Loading crew
- Mechanic
- Manufacturer
When you add additional at-fault parties to a claim, it can make it more complex. It also results in a more favorable settlement offer.
Motorcycle Accidents
A motorcycle rider is not on the same level as a car driver.
Every motorcycle accident ends with the rider taking a tumble onto the road. When a motorist isn’t paying attention to the traffic, they can merge into an approaching motorcyclist and cause an accident, which can lead to tragic injuries.
Slip and Fall Accidents
A slip and fall accident refers to an accident that occurs at a business such as a grocery store, restaurant, or bar. It usually happens because the property owner or their designee was negligent in maintaining the property.
For example, if they don’t shovel ice from the sidewalk in front of the restaurant or don’t mop up a spill on a grocery store aisle, those are clear examples of negligence that lead to injuries.
Dog Bites
Every dog owner thinks that their dog is harmless. The truth is that even the gentlest of dogs can turn violent if they are provoked. Unfortunately, the responsibility of preventing a dog from biting someone falls to the owner. When they don’t have control, dog bites happen.
While these types of injuries might not have a long healing time, the emotional trauma can be far-reaching. That will have to factor into your personal injury suit.
Product Liability
It is extremely frustrating when you buy a product from a store or an online business that doesn’t work as you thought it should. In most situations, you can return the product and get a refund. What if that project injuries you or someone in your family?
In that situation, you would be dealing with a product liability issue. With a severe injury, you could join a class action lawsuit already underway or be the first litigant to such an action. The manufacturer and distributor can both be held liable for a product liability injury.
Medical Malpractice
Every day, thousands of West Virginia residents are being tested for sickness, operated on for an ailment, or treated for an injury in an emergency room.
In most cases, the outcomes rise to the level of standard medical care. While there are illnesses and injuries that a doctor has no control over, they should strive for a positive outcome within their abilities.
Unfortunately, there are times when a doctor or hospital staff member might be negligent in their duties to provide that standard of care. When medical malpractice occurs, you are entitled to be compensated for the additional harm caused to you. It doesn’t matter if the doctor has been your family physician for years or is a top-rated surgeon.
You shouldn’t have to suffer any losses as a result of medical negligence.
Nursing Home Abuse
There may come a time when a family needs to make the painful but responsible decision to transition a loved one into a nursing home facility.
The hope is that their loved one will get the medical care and social attention they need to thrive. When a nursing home is understaffed or doesn’t train that staff properly, it can lead to abuse.
An incident of nursing home abuse needs to be responded to immediately. Your personal injury attorney can step in and demand that the abuse stop and that the harm is rectified.
Wrongful death
A wrongful death is the most tragic of all personal injury cases. This is a scenario where the negligent acts of another person have led to the death of someone else. Sometimes, a car accident can lead to severe injuries, but if those injuries lead to a fatality, it becomes a wrong death, and the driver can be held accountable.
The compensation due to the surviving family in a wrongful death case needs to cover any current and future financial losses. That family also needs to be compensated for the loss of companionship.
While no amount of money can make up for someone’s death, that remedy can help with the healing process.
If you’ve been involved in any of these incidents, you must contact the Forbes Law Offices. We have the negotiating and litigation skills to help clients get what they are due.
We’re standing by help.
