Personal injury law encompasses a wide array of legal actions that may be brought by a plaintiff to recover financial compensation for damages suffered by the plaintiff as a result of injuries to his or her person. Personal injuries caused by the negligence of individuals or entities may result from traffic accidents, amusement park accidents, accidents in schools and daycare centers, and accidents on a landowner’s premises, to name just a few. Personal injuries sustained as a result of negligent medical treatment or care may occur in surgery, during the birth of a child, or through routine office visits that end in a failure to diagnose a patient’s illness. Defective or dangerous products reach consumers in a condition that causes personal injuries every day.
When someone’s personal injury is caused by the negligence of medical professionals or others or by the person’s use of or exposure to a defective product, the injured person may be entitled to compensation from those responsible for his or her personal injuries through the institution of negligence or product liability actions. When the victim’s injuries result in death, the victim’s immediate family members may be able to recover compensation for certain damages they have suffered as a result of the victim’s death through a wrongful death action.
The Killino Firm’s Philadelphia, Pennsylvania, personal injury attorneys have significant expertise and experience with all types of personal injury cases, including those arising out of negligence, malpractice, or defective products. If you have been injured or a family member has died and you suspect that the injury or death was caused by medical malpractice, someone’s negligence, or a defective product, contact The Killino Firm at (215) 569-1299 for a no-cost evaluation of your case and more information about your legal rights and options.
Legal Liability for Personal Injuries
Liability for personal injuries or deaths is generally accomplished through the institution of negligence, product liability, medical malpractice, or wrongful death actions. A wrongful death action is brought by the victim’s survivors against the same defendants as those who would have been sued in a product liability, medical malpractice, or negligence action for non-fatal personal injuries.
Physicians and other medical professionals who assist in the care of a patient have a duty to exercise due care for the health and safety of that patient while the patient is under their care. When a doctor or other medical personnel breach this duty of care, they may be found liable in a medical malpractice action for the damages suffered by the patient as a result.
Damages in medical malpractice actions may include compensation for the cost of surgeries, medical treatment, pain and suffering, lost wages and loss of future earning capacity, and physical and occupational therapy. Plaintiffs may also be able to recover damages for the reduction in their quality of life that resulted from their injuries.
Negligence resulting in someone’s personal injury or death may occur in a multitude of ways. Negligence is generally defined as the breach of the duty of care owed by one person to another. When the breach of a duty of care is found to have been a cause of a person’s injuries or death, the negligent individual or entity may be held liable for the legally compensable damages suffered by the plaintiff as a result of the injury or death.
Thus, a driver may be found liable for the injury or death of an accident victim that resulted from the driver’s negligence. An injury caused by the negligent maintenance of a building or land may result in liability on the part of the owner of the premises and the individual or entity whose job it was to maintain the premises. Daycare centers as well as their negligent employees may be found liable for the injuries caused to children by the negligence of the employees.
When a defect in a product is determined to have caused someone’s personal injury or death, the manufacturer, designer, supplier, assembler, and in most cases, the retailer, of the product may be found liable for the plaintiff’s resulting damages in a product liability action. Under the product liability laws of most states, plaintiffs have the option of bringing these actions as strict liability claims. This means that the plaintiff will not be required to prove that any of the defendants were negligent or otherwise at fault for the production of the defective product or its release to the public. The plaintiffs need only show, by a preponderance of the evidence, that the defect existed at the time of the accident resulting in the victim’s injury or death, that the defect was a cause of the injury or death, and that the plaintiff suffered legally compensable damages as a result of the victim’s injury or death.
If you have suffered a personal injury or a loved one has died as a result of someone’s negligence, medical malpractice, or a defective product, The Killino Firm’s Philadelphia, Pennsylvania, personal injury attorneys can help you fight for the compensation you and your family deserve. Contact us at (215) 569-1299 for highly qualified and experienced assistance with your case.