In California and Nevada, the landscape of personal injury law encompasses a variety of scenarios that could lead to lawsuits. Our team of distinguished and highly skilled personal injury attorneys brings decades of specialized experience in advocating for victims who have suffered injuries across numerous types of incidents. Below, we explore some of the most frequently encountered accidents that lead to personal injury claims in these states.
Most Common Types of Personal Injury Lawsuits
- Car accidents: Car accidents are among the most common types of personal injury claims in both California and Nevada. These incidents can happen almost anywhere—on private roads, freeways, and public roads. The variety of car accident scenarios is vast, encompassing head-on collisions, blind-spot accidents, rollover crashes, rear-end collisions, side-impact crashes, multi-car pile-ups, and pedestrian accidents. Car accidents often involve not only personal vehicles but also public and commercial transportation. Incidents can include metros, Uber and Lyft rides, trains, railroads, airplanes, tour buses, and more. The frequency and variety of these accidents highlight the importance of understanding the contexts in which they occur and the specific legal considerations for each context. According to the California Office of Traffic Safety, there were over 3,000 traffic fatalities in the state in 2020 alone, emphasizing the critical need for awareness and preparedness when it comes to car accident claims.
- Slip-and-fall accidents: These accidents can result in severe injuries, often leading to significant physical and financial consequences. These incidents typically occur on someone else’s property; the owner or manager of that property is potentially liable for the injuries sustained. Common defendants in slip-and-fall cases include hotels, swimming pools, casinos, apartment complex management companies, and restaurants. Slip and fall accidents fall under the category of premises liability claims. According to premises liability law, property owners have a legal duty to maintain a reasonably safe environment for visitors. When they neglect this duty by failing to take appropriate precautions to prevent accidents, they can be held accountable for any resulting injuries. Property owners must address potential hazards, such as wet floors, uneven surfaces, poor lighting, and other dangerous conditions, to prevent slip-and-fall accidents. If they fail to do so, they may face legal consequences and be required to compensate victims for medical expenses, lost wages, pain and suffering, and other damages. By understanding the legal responsibilities of property owners and the potential consequences of slip-and-fall accidents, victims can better navigate the complexities of premises liability claims and seek the justice and compensation they deserve.
- Medical malpractice: these lawsuits involve negligence by medical providers and healthcare workers, such as nurses, doctors, surgeons, radiologists, physical therapists, and pharmacists. This occurs when healthcare practitioners make negligent mistakes throughout the course of their work. The most common examples of medical malpractice lawsuits include birth injuries, negligent surgeries being performed, missed diagnoses, and pharmacy negligence.
- Assault: Many people believe that assault results only in criminal charges, but a victim can also pursue civil charges against the assailant. Unlike incidents of negligence, assault is an intentional act. It occurs when one person deliberately places another in immediate apprehension of fear of bodily harm or offensive contact. If you have been a victim of assault, you may be entitled to file a claim against your assailant for the injuries you have suffered. Assault is a serious offense that extends beyond the realm of criminal law. While criminal charges aim to punish the perpetrator, civil charges seek to compensate the victim. This dual approach ensures that victims have avenues for justice and restitution. Unlike negligent acts, which are often accidental, assault involves deliberate actions by the perpetrator. The key element of assault is the intention to cause fear of imminent harm or offensive contact. This intention distinguishes assault from other types of personal injury cases, such as those resulting from car accidents or slip and falls. As a victim, you have the right to seek compensation for the physical and emotional injuries you have endured. This compensation can cover medical expenses, lost wages, pain and suffering, and other damages related to the assault. Pursuing a civil claim can also hold the assailant accountable for their actions, providing a sense of justice and closure. Navigating the legal system can be challenging, but you don’t have to do it alone. Experienced personal injury attorneys can help you understand your rights and build a strong case against your assailant. They can guide you through the process, from gathering evidence to representing you in court.
- Workplace accidents: Workplace accidents are particularly prevalent in California and Nevada, with numerous incidents occurring each year. One of the most hazardous sectors in California is construction. Construction accidents are alarmingly common, primarily due to the nature of the work and the environment. When construction sites are negligently maintained, workers are at greater risk of severe injuries. In addition to poorly maintained construction sites, defective products also contribute significantly to workplace accidents. Faulty machinery, tools, or safety equipment can lead to catastrophic injuries, emphasizing the need for rigorous safety standards and regular inspections. Employers must ensure that all equipment and tools are in proper working condition to prevent such accidents. In both California and Nevada, employers are legally obligated to provide financial compensation to employees who suffer work-related injuries. This compensation can cover medical expenses, lost wages, and other related costs. Workers ‘ compensation laws are designed to protect employees, ensuring they receive the support they need to recover and return to work. Maintaining a safe workplace is not just a legal requirement but a moral obligation for employers. By implementing comprehensive safety protocols and regularly training employees, companies can significantly reduce workplace accidents. For more detailed statistical data on workplace accidents in California and Nevada, the Bureau of Labor Statistics provides extensive reports and analyses on the frequency and causes of these incidents.
- Product liability: Product liability lawsuits are lawsuits against a product manufacturer for creating defective products. If the faulty product causes injury, the injured victim may have a claim against both the product manufacturer and the product retailer for any injuries they have suffered.
- Defamation: A false and harmful statement made by an individual to a third party about another person. To succeed in a defamation lawsuit, the plaintiff must demonstrate certain key elements. These elements can vary depending on the circumstances surrounding the case. For instance, if the plaintiff is a celebrity or a public figure, they must meet different standards than an ordinary individual. Public figures need to prove actual malice, meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth. This higher standard is in place because public figures are subject to greater scrutiny and have more access to channels for countering false statements.
- Additionally, if the defamation involves a matter of public concern, the plaintiff must meet further specific criteria. This includes showing that the statement was not only false but also made with a certain level of fault, such as negligence or actual malice. Matters of public concern receive heightened protection under the First Amendment, reflecting the balance between protecting individuals’ rights and ensuring freedom of speech. To navigate the complexities of a defamation lawsuit and understand the specific elements you need to prove, it is essential to seek legal advice. Contact our experienced California defamation attorneys today to discuss your case. In California, defamation cases can be particularly challenging. According to recent statistics, defamation lawsuits have been on the rise, with a noticeable increase in cases involving public figures and matters of public concern. Understanding the legal nuances and obtaining professional legal support can significantly impact the outcome of your case. By consulting with our experienced attorneys, you can ensure that your rights are protected and receive guidance tailored to your unique situation. Don’t hesitate. Get the legal assistance you need to pursue your defamation claim effectively.
- Dog bites: Dog bites are prevalent in California. California holds the dog owner liable if their dog has shown dangerous propensities in the past. This means that if the dog has been involved in a bite in the past, the dog owner will most likely be held liable for any subsequent bites the dog commits.
- Wrongful death: wrongful death personal injury lawsuits occur when the deceased’s family sues the at-fault party for the deceased’s compensation, along with any funeral or burial expenses. Family members should not have to deal with the burden of any medical and funeral expenses because their loved one has passed away due to another’s negligence. Death lawsuits allow family members to hold the at-fault party liable.
- Construction accidents: if you have been injured in a construction site accident, whether you were an employee or simply walking by a construction site, you may be able to file a lawsuit against the construction company for any damages you have suffered. Construction sites involve various machinery that could result in very severe injuries.
What Are Common Injuries in Personal Injury Cases?
- Traumatic brain injury: This occurs when there is injury to the brain, and is one of the most severe injuries that could happen in a personal injury accident. Usually, traumatic brain injuries are not noticeable until a couple of days or even weeks after the accident. That is why it is essential to seek medical care immediately.
- Broken bones: occur when any bone in the body is fractured due to the sudden impact of the accident.
- Internal bleeding is also an injury that is not readily apparent and requires urgent medical attention.
- Burns: examples of burns include chemical burns and product defect burns.
- Spinal cord injuries: This is very common in car accident cases, when the Sudden Impact causes damage to the driver’s spinal injuries. Back injuries are also another typical result of spinal cord injuries, and could result in permanent physical disability.
- Disfigurement: facial injuries are prevalent in car accidents, especially when the steering wheel strikes the driver’s face.
- Loss of Limbs: Usually, severe injuries will require amputation of the victim’s arm or fingers.
- Neck injuries are common in almost every accident. Speeds as low as 15 mph could cause severe permanent neck injuries.
- Knee injuries: Knee injuries occur when the driver or passenger’s knee passes into the front dashboard of the vehicle. Extensive damage could be done to the knee cartilage.
- Shoulder injuries: could occur from sudden impact on the driver’s shoulder when the driver’s right hand hits the steering wheel.
- Lacerations: accidents almost always cause lacerations when sharp, flying objects come into contact with the victim.
- Post-traumatic stress disorder: this is a type of injury that is not physical. This is an emotional trauma that the victim suffers from being involved in an accident. Post-traumatic stress disorder is pervasive in dog bite injuries.
- Wrongful-death: this is a claim that a decedent’s family brings if they have died as a result of their injuries from the personal injury accident.
How Much Do Our Personal Injury Attorneys Cost?
Our personal injury attorneys work on a contingency basis. A contingency basis means that until we win compensation in your favor, you owe us nothing out of pocket. Contact a team of top-rated California personal injury attorneys who will front all costs and take on the risks of litigating your claim. Until we win a settlement or judgment in your favor, you owe us nothing.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not offer specific advice. By using this site and reading this page, no attorney-client relationship is created between you and any member of Heidari Law. Further, due to ongoing changes in the law, some of the information above may no longer be good law.
Frequently Asked Questions
You may have a claim if another person’s negligent or intentional act caused your injury and you suffered measurable damages (medical bills, lost wages, pain and suffering). Our team can evaluate your case in a free consultation.
We represent many types of claims: auto accidents (cars, motorcycles, trucks), slip-and-fall or premises liability, ride-share accidents, medical malpractice, dog bites, defective products, negligent security, wrongful death, and more.
Possible compensation includes past and future medical expenses, lost wages, property damage, pain and suffering, emotional distress, and, in some cases, punitive damages (depending on the facts and jurisdiction).