25 Most Common Types of Personal Injury Cases

Every year, millions of people seek emergency treatment for an unintentional injury. Many times, these injuries are the result of someone else’s misconduct, whether negligence or wrongdoing, which leads victims to seek compensation via personal injury claims.

At Stracci Law Group, we understand the physical, emotional, and financial toll that personal injuries can take. Our team of NWI personal injury attorneys is here to help you understand your rights and options and to fight for the compensation you deserve.

What Is a Personal Injury Case?

A personal injury case is a legal dispute that arises when one person suffers harm due to someone else’s negligence or wrongdoing. The injured person (the plaintiff) files a lawsuit against the person or entity they believe is responsible (the defendant).

The plaintiff must then prove that the defendant was negligent or reckless and that this negligence or recklessness caused their injuries. Negligence means failing to exercise reasonable care, while recklessness involves a conscious disregard for the safety of others.

If the plaintiff is successful, they can be awarded compensation for their medical expenses, lost wages, pain and suffering, and other losses. The amount of compensation awarded will depend on the severity of the injuries, the impact on the plaintiff’s life, and other factors.

The Most Common Types of Personal Injury Cases

Personal injury cases encompass a wide range of scenarios, but certain types arise more frequently than others. Understanding these common cases can help you identify potential legal claims and seek the compensation you deserve.

Car Accidents

Car accidents are a frequent basis for personal injury claims, often resulting in significant physical, emotional, and financial hardship for victims. Indiana experiences a high volume of traffic, and a momentary lapse in attention or a negligent action can lead to devastating consequences.

Some of the most common causes of car accidents in Indiana include:

• Distracted Driving: Using cell phones, eating, grooming, or engaging in other distractions while driving remains a leading cause of accidents.
• Impaired Driving: Impaired drivers pose a serious threat to themselves and others.
• Speeding: Exceeding the speed limit or driving too fast for conditions reduces reaction time and increases the severity of accidents.
• Reckless Driving: Aggressive behaviors like tailgating, weaving through traffic, and ignoring traffic signals contribute to a significant number of accidents.
• Drowsy Driving: Fatigue can impair driving abilities just as much as alcohol can.
• Hazardous Road Conditions: Inclement weather, poorly maintained roads, and construction zones can create dangerous driving conditions.
• Failure to Yield: Failing to yield the right-of-way is a common cause of collisions.
• Tailgating: Following another vehicle too closely leaves little room for error and can lead to rear-end collisions.

This isn’t an all-inclusive list, so if you’ve suffered a car accident injury and it was someone else’s fault, contact our team today so we can discuss your legal options.

Motorcycle Accidents

Motorcycle accidents often result in severe injuries or fatalities, leaving victims and their families with devastating consequences.

Some of the most common causes of motorcycle accidents in Indiana include:

• Left-Turn Accidents: Drivers frequently turn left in front of oncoming motorcycles when they fail to see the smaller vehicle or misjudge its speed.
• Lane Changes: Drivers changing lanes without checking their blind spots or signaling properly can easily collide with motorcycles.
• Rear-End Collisions: Drivers who follow a motorcycle too closely or those who are distracted may rear-end a biker.
• Car Doors Opening: Drivers and passengers opening car doors without checking for oncoming traffic can strike a motorcyclist, leading to serious injuries.
• Road Hazards: Potholes, debris, uneven pavement, and other road hazards pose a greater risk to motorcyclists than other vehicles, as they can easily lose control or be thrown from their bikes.
• Lane Splitting: While not legal in Indiana, some motorcyclists engage in lane splitting (riding between lanes of traffic), which can lead to accidents if not done cautiously.

Again, this is not an all-inclusive list. No matter the kind of accident you’ve suffered, contact our team right away to discuss your rights.

Truck Accidents

Accidents involving large commercial trucks can have catastrophic consequences due to the sheer size and weight of these vehicles. These accidents often occur due to driver fatigue, improper maintenance, overloading, or mechanical failures. Victims may suffer severe injuries, including multiple fractures, internal organ damage, and traumatic brain injuries.

Uber & Lyft Accidents

The rise of ridesharing services like Uber and Lyft has led to a new category of personal injury cases. These accidents can involve negligent drivers, unsafe vehicles, or inadequate background checks for drivers.

Pedestrian Accidents

Pedestrians are the most vulnerable road users and are at a high risk of serious injury or death when struck by a vehicle. These accidents often occur due to distracted driving, speeding, or failing to yield to pedestrians. Injuries can range from cuts and bruises to traumatic brain injuries and internal bleeding.

Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide an accepted standard of care, resulting in injury or harm to a patient.

This can encompass a wide range of errors, including:

• Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition accurately or promptly can lead to delayed treatment, worsening of the condition, and even death.
• Surgical Errors: These can involve operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures.
• Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to consider potential drug interactions can have serious consequences.
• Birth Injuries: Errors during childbirth can lead to injuries to both the mother and baby, such as cerebral palsy, Erb's palsy, and other birth defects.
• Anesthesia Errors: Administering too much or too little anesthesia, failing to monitor the patient properly, or using defective equipment can lead to complications and even death.

Medical malpractice claims are complex and require a thorough investigation to determine liability and damages.

Product Liability

Product liability cases involve injuries caused by defective or dangerous products. These cases hold manufacturers, distributors, and retailers responsible for ensuring the safety of their products.

In product liability cases, the injured party must prove that the product was defective, that the defect existed when the product left the manufacturer’s control, and that the defect caused their injuries. They may also need to show that they were using the product as intended or in a reasonably foreseeable way.

There are three main types of product defects that can lead to liability:

Design Defects

These occur when the product’s design itself is inherently flawed, making it dangerous even when manufactured and used correctly. For example, a car with a faulty braking system design could lead to accidents and injuries.

Manufacturing Defects

These defects arise during the production process, resulting in a product that deviates from its intended design and becomes dangerous. For example, even if the design of a braking system is flawless, an incorrectly manufactured set of brakes can lead to accidents.

Marketing Defects (Failure to Warn)

Manufacturers have a duty to warn consumers about potential dangers associated with their products. A failure to provide adequate warnings or instructions can lead to liability if someone is injured while using the product. For example, a medication that fails to warn about potential side effects could lead to a product liability claim.

Wrongful Deaths

A wrongful death refers to a situation where a person dies due to the negligence, recklessness, or intentional act of another individual or entity. In such cases, the surviving family members or beneficiaries of the deceased may have the right to file a suit to seek wrongful death compensation for their losses. These claims are filed against the party responsible for the death, such as a negligent driver, a manufacturer of a defective product, or a healthcare provider who committed medical malpractice.

Workplace Accidents

Workplace accidents can occur in any industry, leaving workers with serious injuries and financial burdens. These accidents often arise from hazardous conditions, unsafe practices, or inadequate safety measures.

Some common types of workplace accidents include:

• Slip and Fall Accidents: Wet floors, cluttered walkways, and uneven surfaces can lead to slips and falls.
• Falls from Heights: Construction workers, roofers, and window cleaners are particularly vulnerable to falls from ladders, scaffolding, or rooftops.
• Machinery Accidents: Malfunctioning equipment, lack of proper training, and inadequate safety guards can lead to amputations and crushing injuries.
• Repetitive Stress Injuries (RSIs): Repetitive motions, awkward postures, and overuse of certain body parts can lead to injuries like carpal tunnel syndrome and tendonitis.
• Exposure to Hazardous Substances: Exposure to toxic chemicals, asbestos, or other harmful substances can lead to respiratory problems, cancer, and other chronic illnesses.
• Vehicle Accidents: Delivery drivers, truckers, and other employees who operate vehicles for work may be involved in traffic accidents.

If you’ve been injured in a workplace accident, you may be entitled to workers’ compensation benefits, which can cover medical expenses, lost wages, and disability benefits. In some cases, you may also be able to file a personal injury lawsuit against a third party who contributed to your injuries, such as a negligent manufacturer or contractor.

Premises Liability

Premises liability refers to the legal responsibility of property owners and tenants to make sure their premises are safe and warn visitors of any known hazards. This includes fixing broken stairs, clearing icy walkways, providing adequate lighting in parking lots, and ensuring proper security measures are in place.

Their negligence in doing so can lead to slip and fall accidents, assaults (due to a lack of security), dog bites, swimming pool accidents, fires, and elevator malfunctions.

Slip & Fall Accidents

Slip and fall accidents are a common type of premises liability case. Slip and fall accidents often result from hazardous conditions like:

• Wet or Slippery Floors: Spilled liquids, recently mopped floors, or leaks can create slippery surfaces that increase the risk of falls.
• Uneven or Damaged Surfaces: Cracked sidewalks, potholes, torn carpeting, or loose floorboards can cause trips and falls.
• Poor Lighting: Inadequate lighting in stairwells, hallways, or parking lots can obscure hazards and make it difficult for people to see where they are stepping.
• Cluttered Walkways: Obstacles in walkways, such as boxes, merchandise, or debris, can create tripping hazards.
• Inadequate Handrails or Guardrails: Lack of proper handrails on stairs or guardrails on elevated surfaces can increase the risk of falls and the severity of injuries.

These accidents can occur on various properties, such as stores, restaurants, sidewalks, parking lots, and even private homes.

Animal Bites and Attacks

Most personal injury cases involving animal attacks are dog bites. Normally, Indiana applies a “one-bite rule” that allows the pet owner to escape liability if the animal has never shown any aggressive tendencies before. After that, the dog owner is liable for any injuries.

One exception to this rule is that a victim who was carrying out a legal duty at the time (a mail carrier, for example) can win a lawsuit even if the dog had never shown any aggressive tendencies.

Assault & Battery

While many personal injury cases involve negligence, there are also cases that stem from intentional acts of harm. These intentional actions can lead to significant physical and emotional distress for victims.

Assault

In Indiana, assault is defined as intentionally placing another person in reasonable apprehension of imminent harmful or offensive contact. It does not require actual physical contact but can simply include the threat of such contact.

Battery

Battery is the intentional and harmful or offensive touching of another person without their consent. This can involve punching, kicking, pushing, or any other form of unwanted physical contact.

Nursing Home Abuse

Unfortunately, there are occasionally cases of abuse and neglect within nursing homes, leaving residents with physical, emotional, and psychological trauma.

Nursing home abuse can take various forms, including:

• Physical Abuse: This can include hitting, slapping, pushing, restraining, or any other form of physical harm.
• Emotional Abuse: This involves verbal assaults, threats, intimidation, humiliation, or isolation, which can cause significant emotional distress and psychological harm.
• Sexual Abuse: Any non-consensual sexual contact or activity — including unwanted touching, sexual assault, or rape — constitutes sexual abuse.
• Financial Abuse: This can involve theft, fraud, exploitation, or misuse of a resident's assets for personal gain.
• Neglect: Neglect occurs when caregivers fail to provide necessary care, such as food, medication, or hygiene, leading to harm or a decline in the resident's health.

Neglect and abuse can take many forms. If you’re concerned that a loved one is facing such treatment, contact our team immediately.

Other Types of Personal Injury Cases

Some examples of other kinds of personal injury cases include:

• Food poisoning
• Dram shop cases (in which a bar or nightclub bears liability for serving an intoxicated customer who later causes an injury)
• Aviation accidents
• Boating accidents
• Child injury cases

However, these and the above examples are still not an exhaustive list. So if you’ve suffered an injury outside of these examples, it’s important to connect with our team to find out whether you have grounds for a legal claim.

How Negligence Works in Personal Injury Cases

Negligence is the cornerstone of most personal injury cases. It refers to the failure to exercise reasonable care, resulting in harm to another person. To prove negligence in a personal injury case, the plaintiff must typically establish four key elements:

• Duty of Care: The defendant owed a legal duty of care to the plaintiff, meaning they had a responsibility to act in a way that would not cause harm.
• Breach of Duty: The defendant breached their duty of care by acting or failing to act in a way that a reasonable person would in similar circumstances.
• Causation: The defendant's breach of duty directly caused the plaintiff's injuries.
• Damages: The plaintiff suffered actual losses as a result of the defendant's negligence.

In some cases, the concept of “negligence per se” (negligence in itself) may apply. This means that if the defendant violated a law or regulation designed to prevent the type of harm that occurred, their negligence is automatically established. For instance, if a driver runs a red light and causes an accident, their violation may be considered negligence per se.

It’s important to note that the burden of proof in a personal injury case lies with the plaintiff. That is, they must provide sufficient evidence to convince the judge or jury that the defendant was negligent and that their negligence caused the plaintiff’s injuries. This often involves gathering medical records, accident reports, witness statements, and expert testimony.

How Damages & Compensation Work in Personal Injury Cases

In personal injury cases, damages and compensation refer to the monetary award given to the injured party (plaintiff) to make up for the losses they suffered due to the accident or injury. The goal is to restore the plaintiff to the position they were in before the incident occurred — at least, as much as possible. There are three primary kinds of damages: economic, non-economic, and punitive.

Economic damages are quantifiable losses with a specific dollar amount, such as:

• Medical bills and expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Rehabilitation costs
• Other out-of-pocket expenses

Non-economic damages are more subjective and difficult to quantify, and they include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability or disfigurement

Finally, in very rare cases, if the defendant’s conduct was particularly egregious or intentional, the court may award punitive damages. These are meant to punish the defendant and deter similar behavior in the future.

How Compensation Is Calculated

The amount of compensation awarded in a personal injury claim depends on various factors, including:

• The Severity of the Injuries: More severe injuries typically result in higher compensation.
• The Impact on the Plaintiff's Life: This includes the extent to which the injuries affect the plaintiff's ability to work, perform daily activities, and enjoy life.
• The Amount of Available Insurance Coverage: Insurance policies may have limits on the amount they will pay out for a claim.
• The Plaintiff's Degree of Fault: In Indiana, personal injury cases involving negligence follow a "modified comparative fault" rule, which means that the amount of compensation a plaintiff can recover is reduced by their percentage of fault for the accident — however, if the plaintiff is found to be more than 50% at fault, they cannot recover any compensation.

Due to this modified negligence rule, insurers and the defendant’s legal team will do whatever they can to mitigate their percentage of fault and even blame you for the incident. That’s why it’s so crucial to have a reputable personal injury attorney on your side.

Contact a Northwest Indiana Personal Injury Attorney

If you or a loved one has suffered injuries due to someone else’s negligence or intentional actions, you don’t have to face the complex legal process alone. The experienced personal injury attorneys at Stracci Law Group are here to fight for your rights and help you secure the compensation you deserve.

Don’t wait to seek justice and compensation — contact Stracci Law Group today for a free consultation. Our team will review your case, explain your legal options, and guide you through the process of seeking the compensation you need to move forward. We serve clients throughout Northwest Indiana and are ready to stand by your side every step of the way.