Personal Injury in Denver: 4 Common Types of Cases
May 11, 2016
If you are injured at the fault of another person, you may have a case. A local Denver personal injury attorney can help you with the specifics of your situation and if you have an actual case. So what are some of the top types of personal injury cases?
Assault and Battery: When one person threats or physically attacks another person, assault and battery occurs. Unlike many personal injury claims, where one person’s negligence leads to an accident for another, this type of personal injury claim occurs when someone intentionally harms another. Both of these terms are “intentional torts,” or wrongdoings, but have slightly different meanings. Assault happens when a victim receives a verbal or physical warning that makes them aware of the harm that is getting ready to occur (i.e. a threat and then follow-through of that threat). Battery occurs when one person touches another person without their consent, leading to harm. It differs from assault because the victim does not have the forewarning that something is about to occur. So for instance, assault would happen if one person threatened to punch another person—and then punched them. Battery would occur of a person just walked up to another and punched them out of nowhere.
Medical Malpractice: This type of personal injury case occurs when doctors are negligent in handling patients. Forbes found this to be the third leading cause of death in the United States, and in 2012, $3 billion was spent in paying victims of medical malpractice. Medical malpractice should not be confused with an unpleasant experience, or a disagreement between a doctor and patient. It is when a doctor or nurse intentionally does something, or neglects to do something they should, that results in an injury or illness in the patient. This can occur with the quality of care, prescribed medicine, error in a procedure and other areas.
Defamation: While not a physical injury, when a person intentionally shares false information that negatively affects another person, you could have a personal injury case. Defamation can happen with libel or slanderous remarks. Libel is when false statements are written and slander is when it is spoken. Due to first amendment laws, it can be a hard case to prove, but when the proof is there, a case is definitely made. It usually happens when severe damage is done to one’s character.
Slips and Falls: When an owner of a space neglects to maintain the space they own, a dangerous situation may arise. Then, when another person enters that space and is injured due to the lack of upkeep, a victim may have a personal injury case. In order for the case to clear, fault against the property owner has to be absolutely clear. Some go-to examples include a spill that was never cleaned that leads to a fall, or bricks along a walkway that are falling apart, resulting in a fall and injury.
If you experience any of the above, or feel you have some type of personal injury, Mark A. Simon is your premier Denver personal injury attorney. It is best to contact as soon as possible to get started on the case. We will review your case and get you the justice you deserve. Learn more about our personal injury services and call us at 303-321-4878 to get started.