Personal injury laws explain the statute of limitations victim’s face when filing a legal claim. The laws dictate what rights the victim has in each case type and what evidence is needed to substantiate their allegations. The event that caused the victim’s injuries must show a series of steps caused by another party’s negligence or direct actions. The event cannot be an unfortunate accident in which no one is to blame. Reviewing personal injury laws and potential cases helps claimants decide when to sue.
Dog Attack Injuries
After a dog attack, the pet owner can file a claim through their property insurance or renter’s coverage. However, if they don’t, the pet owner could become the defendant in a lawsuit. According to state laws, all pet owners must mitigate the risk of a dog attack by maintaining control over their pets. Anyone invited into or onto the property could sue the pet owner if the dog bites them. This also includes public servants and utility workers who must enter the premises to do their job. As long as the victim had a legal right to be on the property, they can sue the pet owner if the dog attacks them. A corpus christi personal injury lawyer can help victims review their rights according to personal injury laws.
Products Liability Claims
Product liabilities claims are possible if a consumer becomes injured while using any products released to the public. The Federal Trade Commission’s Bureau of Consumer Protection issued regulations that dictate how manufacturers test their products and when it is necessary to warn consumers. Warning labels must be affixed to any product that presents a danger to consumers and/or could cause an injury. When filing a claim, the consumer needs the exact product they used. They’ll need medical records that show vital details about their injuries and how the product caused them. Product recalls are possible if there are several claimants who sustained injuries. Class-action lawsuits could occur if multiple claimants wish to file together.
Mesothelioma Claims and Occupational Diseases
Asbestos is a known cause for mesothelioma , which is a rare form of lung cancer. They used the asbestos building materials up until the 1980s in shipyards, factories, and even residential property construction. If a worker is exposed to the asbestos dust, they could develop cancer. Federal laws require the removal of any asbestos building materials through strict abatement processes. If a worker develops the lung disease, they could file a worker’s compensation claim or a lawsuit for the occupational disease. A failure to remove asbestos from the workplace is an OSHA violation.
However, if a property buyer develops the disease, they could sue the individual who sold them the home. According to current health and safety laws pertaining to real estate, the seller must disclose details about asbestos building materials and lead-based paints used in the property. Emerging laws could require the seller to pay for abatement services to remove all the materials before the property closing.
Dangerous Drug Injuries
Medical malpractice claims pertain to medical errors via surgical procedures, treatments, or the medications provided by the doctor. They report dangerous drugs via public notices to all patients and consumers. Prescription medications are recalled when several patients have sustained the same injuries, and these injuries are not known side effects of the drugs. Public health concerns lead the FDA to issue a recall for these dangerous medications and explain the rights of the patients in their notices.
The doctor is liable if the doctor was aware of serious dangers to their patients and prescribed the drugs anyway. This violates federal healthcare laws, regulations, and standards. The claimant needs medical records and prescriptions showing that their doctor prescribed the medication and it caused an injury or worsened condition.
Facts Related to Construction Accidents
Construction accidents are caused by failures to mitigate risks in and around the construction site. Federal laws require signs warning the public of the location of the construction site. The lettering on the signs must measure at least 10 inches to ensure adequate visibility. The foreman must ensure that there is a proper barricade around the construction site with fencing and gates that lock to prevent unauthorized entry.
According to construction laws, all workers must have adequate personal protection equipment and safety apparatuses to keep them safe while working. A failure to provide safety equipment makes the employer liable for work-related injuries. A failure to warn the public deems the construction company liable for any injuries to visitors or residents. Exceptions prevent criminals from getting compensation if they broke the law and caused their own injuries. For example, trespassing is a crime, and anyone who sees the signs and breaks into the construction site will not receive damages if they are injured.
Pedestrian Accident Claims
Pedestrians must follow all traffic laws when crossing streets and roadways. The state prohibits all pedestrians from crossing major interstates and highways. They must use crosswalks when crossing roads, and they must follow instructions from any traffic signals for pedestrians. The laws require pedestrians to stay on the sidewalk if it is available, and they must walk in the opposite direction of traffic to prevent an accident.
Hit-and-run accidents are a possibility for pedestrian accident claims. Leaving the scene of an accident is illegal, and the victim must provide any details they have about the driver. Some authorities can get footage from traffic cameras to identify the driver. Personal injury laws pertain to any event that causes a personal injury because of a criminal act, negligence, or failures. The laws apply to a variety of cases including but not limited to medical malpractice, auto accidents, dog attacks, and construction accidents. The victim’s claim must link the defendant to their injuries and show how the defendant is liable. Medical records are often used to substantiate a personal injury claim. Victims receive economic damages when they win their case, but punitive damages are an option for medical malpractice cases. Reviewing personal injury laws shows the victim if they may sue.