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Most Common Types of Personal Injury Cases in Springfield
Personal injury cases are legal disputes where a party may be held legally responsible for injuries suffered from an accident caused by someone else.
Personal injuries can and do change people’s lives significantly every single day. When you suffer serious injuries, your overall quality of life can be significantly reduced, and your physical and mental health can be affected, resulting in a devastating and potentially lifelong impact on your well-being.
In Missouri, if you are injured by someone else’s negligence, you may be entitled to compensation from that person. If you are considering filing a personal injury claim but need assistance, we can help. Contact Buchanan, Williams & O’Brien today for a free consultation with a personal injury attorney in Springfield, MO.
Elements You Need to Prove in Personal Injury Cases
Irrespective of the type of personal injury case, there are common elements that you need to be proved in order for any personal injury claim to be successful.
It is important to be able to demonstrate the following:
- There is a duty of care owed to you.
- Another party failed to exercise reasonable care (negligence).
- Causation (the negligence that caused the injury).
- Damages were suffered as a result.
The Most Common Personal Injury Claims in Missouri
The most common types of personal injury claims in Missouri include the following:
- Motor vehicle accidents
- Medical malpractice
- Wrongful death
- Workplace accidents
- Product liability
- Slip-and-fall accidents
Let’s examine these and consider how to protect your personal injury rights.
Motor Vehicle Accidents
National Safety Council (NSC) statistics indicate that 4.8 million medically consulted injuries were caused by motor vehicle accidents in 2020. The costs were estimated at $473.2 billion.
Motor vehicle accidents can be further divided into the following categories:
- Car accidents: These are the most common due to the large number of people who drive in the US.
- Motorcycle accidents: These often result in severe injuries and high personal injury claims.
- Truck accidents: The majority of truck accidents involve a collision between a truck and a car and usually result in severe traumatic injuries. In most cases, trucks are well-insured.
- Pedestrian accidents: Accidents between motorists and pedestrians often result in catastrophic injuries or wrongful death claims.
If you have been injured in a car accident in Springfield, you may benefit from hiring a personal injury lawyer to advise you on any personal injury claims you may have.
Medical Malpractice
According to the American Board of Professional Liability Attorneys (ABPLA), “medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might result from errors in diagnosis, treatment, aftercare, or health management.”
Some examples of medical malpractice include:
- Unnecessary surgery
- Improper medication or dosage
- Failure to diagnose or misdiagnosis
- Surgical errors or wrong-site surgery
- Failure to recognize symptoms
Wrongful Death
A person who intentionally or negligently causes another’s death can be sued for wrongful death. The lawsuit for wrongful death is typically filed by a family member or dependent or the probate estate after a personal injury results in the victim’s death.
Workplace Accidents
Workplace accidents happen at work and are generally covered by workers’ compensation insurance.
You do not have to prove fault on the employer’s part to succeed in such a claim. In most cases, however, you are not allowed to claim non-economic damages such as pain and suffering, but there are a few exceptions. A workers’ compensation lawyer would be in the best position to determine what you are entitled to claim for.
Product Liability
Manufacturers and sellers may be held accountable for product liability if they negligently deliver defective products to consumers.
To succeed in your claim, you need to be able to prove the following:
- A defect in the design
- A defect in the manufacture of the product
- Failure to provide sufficient warnings about the dangers of the product
It is not necessary to prove that the manufacturer was at fault. However, if you intend to sue a party in the product’s distribution chain to get it to market, you are required to prove fault.
Slip and Fall Accidents
Slip and fall claims can arise whenever someone slips, trips, and is injured on someone else’s property.
There is a duty of care on the owner or operator of premises to repair or warn of any dangerous condition they were aware of or could have reasonably been expected to know by inspecting their property.
Slips and falls are much more common than you think. If you believe you have a claim, it is a good idea to contact a slip-and-fall attorney in Springfield for legal advice.
Protecting Your Personal Injury Rights
After sustaining an injury, your first step is to seek medical treatment. Be sure to keep all invoices and receipts related to the treatment of the injury. Ensure that you have a comprehensive report on your future medical treatments and costs as well. You can only claim what you can prove.
It’s also a good idea to document the incident that caused the injury in as much detail as possible. Use photos, notes, videos, and anything you think will be able to jolt your memory about the incident.
If there were witnesses, make sure you get their full contact details.
Talk to your personal injury lawyer before making any admissions or speaking with insurance company representatives.
What Can I Claim in a Personal Injury Claim?
A personal injury victim who suffers financial losses may be entitled to the following compensation:
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Medical expenses
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Loss of wages
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Pain and suffering
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Out-of-pocket expenses
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Loss of enjoyment of life
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Mental anguish
There are strict legal deadlines within which you must file a claim for personal injury. If you fail to meet these deadlines, you may not be able to collect compensation for your injuries. Missouri’s statute of limitations for filing a civil injury claim is five years. Any lawsuit seeking compensation for “injury to the person” must be filed within five years of discovering the injury.
However, there are exceptions, and these time limits can be complicated. To ensure you are within time limits, it is a good idea to consult with an experienced personal injury lawyer.
How We Can Help
Buchanan, Williams & O’Brien have been helping injured Missourians for over 40 years. No matter if you need a personal injury attorney, workers’ compensation attorney, or premises liability attorney, we are no more than a phone call away.
We handle cases dealing with car accidents, traumatic brain injuries, catastrophic injuries, medical malpractices, spinal cord injuries, wrongful death claims, dog bites, and many, many more.
Our attorneys can provide you with potential solutions to your personal injury claim during a free initial consultation. Call us today!
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