Personal injury lawsuits may be litigated under one of several different legal theories. The legal theory argued in any particular case will depend primarily on who is responsible for causing the injuries. The majority of personal injury cases involve negligence, products liability, premises liability, and wrongful death. Each is discussed briefly below.
The vast majority of personal injury cases are litigated under the legal theory of negligence. Negligence is defined as the failure to use due care to prevent a foreseeable risk of harm to another. Many different types of incidents may give rise to a claim of negligence, including:
- Auto accidents
- Motorcycle accidents
- Large truck accidents
- Medical malpractice
- Slip and fall accidents
- School bus accidents
- Bicycle accidents
- Drowning accidents
- Traumatic brain injury
- Nursing home abuse and neglect
- Dog attacks
- Spinal cord injury
- Construction site accidents
If someone else’s negligence caused your injuries, regardless of the nature of the underlying accident, it is important to contact an experienced personal injury attorney to discuss your legal options. Call Levenbaum Trachtenberg today for a free consultation regarding your negligence case.
If your injury was caused by a defective or malfunctioning product, a products liability claim may be appropriate. Products liability law holds manufacturers, wholesalers, and retailers of a product responsible for injuries that result from the use of that product. The legal concept of strict liability applies in products liability cases. Strict liability means that an injured plaintiff does not have to demonstrate that the manufacturer of the product or its component parts was negligent or careless, but only that:
- A defect in the product caused the accident.
- The product was being used in a manner consistent with the way it was meant to be used.
- The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.
In order to prove strict liability in a products liability case, it is necessary to demonstrate to the judge or jury that the product was “unreasonably dangerous for its intended use” as a result of a manufacturing defect, design flaw, or inadequate warning label. Products liability cases are complex, and manufacturers typically have virtually unlimited resources in which to defend products liability cases. That is why it is important to discuss your case with an experienced personal injury lawyer as soon as possible. Levenbaum Trachtenberg offers a free, no-obligation consultation to all types of injury victims. Call 602-271-0183 today to speak with an experienced personal injury attorney about your case.
Many personal injury cases, such as “slip and fall cases,” may be tried under the legal theory of premises liability, which gives rise to a claim when a person is injured as a result of a property owner’s negligent failure to maintain the property in a safe condition. Under this legal theory, property owners are responsible for maintaining their premises in a condition that reduces risk of injury or death to potential users of their property. If you have suffered a personal injury while on the property of another, call an Phoenix injury lawyer at 602-271-0183 today to discuss your legal options. Levenbaum Trachtenberg offers a free initial consultation regarding your premises liability case.
Wrongful death cases result when a person’s death is caused by the negligent or reckless conduct of another. Unlike other types of personal injury cases, which are brought by the injured victims themselves, a wrongful death suit is filed by the decedent’s family members to recover damages for the emotional and financial losses they have suffered as a result of their loved one’s death.
Typically, in order to prevail in a wrongful death suit, the plaintiff must prove all of the following:
- The death was caused, either wholly or partially, by the defendant’s wrongful conduct.
- The defendant was either negligent in causing or is strictly liable for the victim’s death.
- The victim has a surviving spouse, children, or other dependents, who have legal standing to sue.
- Measurable damages have resulted from the victim’s death.
Each and every one of the previous four elements must be demonstrated in order to recover damages. Therefore, if you can prove the first three elements, but cannot convince the judge or jury that measurable damages resulted from the death, you will not prevail in your wrongful death suit.
The compassionate attorneys at Levenbaum Trachtenberg understand how difficult it is to lose someone you love. We help grieving families seek justice for their loss and financial security for their uncertain future. If someone else’s negligent or reckless behavior caused your loved one’s death, contact an experienced personal injury attorney at Levenbaum Trachtenberg to discuss your case. We offer a free consultation regarding your case.