In this country, a vast proportion of civil litigation is made up of personal injury lawsuits. These claims are covered under the tort claim acts. For a case to be heard, an injury must have been sustained by a person, or damage must have occurred to a property, and this must have been the result of wrongful or negligent actions of a third person or entity. Common cases include auto accidents, construction accidents, dog bites, defective products, wrongful death, slip and fall, and medical malpractice. Unfortunately, in our society today, these types of incidents happen very regularly. Understanding the statistics surrounding personal injury paints a clear picture of the types of incidents that take place in our country, and what the consequences of these are.
Statistics of Personal Injuries
The National Center for Health Statistics, a department within the Centers for Disease Control and Prevention, has stated that around 31 million people are injured across our country each year that require medical treatment. Of these, some 2 million are severe enough to require some form of hospitalization. Additionally, 162,000 of these injuries are fatal.
Data from the National Highway Traffic Safety Administration reveals that there are around 5.5 million car accidents in the country each year. These lead to 3 million injuries, as well as 40,000 fatalities. They have also revealed that a further 60,000 injuries, as well as 5,000 deaths occur each year as a result of truck accidents.
Looking next at construction accidents, it is believed that these account for some 300,000 personal injuries per year, as well as 1,000 deaths.
Finally, medical malpractice is believed to be behind the deaths of some 98,000 people each year.
This shows just how many accidental injuries and deaths actually occur in our country each year. Unsurprisingly, therefore, liability is often disputed in these cases. When this happens, a personal injury case or other form of litigation may be necessitated.
Statistics of Personal Injury Cases
The U.S. Department of Justice, Bureau of Justice Statistics has reported that, of the 26,928 real property, contract and tort trials in 2005, 60% were related to some form of personal injury. It was also found that more than 7,000 personal injury cases were heard in the state courts of the 75 most populous counties in our country.
While no exact data is available, the U.S. Department of Justice estimated that some 16,397 tort cases were tried nationally, based on a sample of state courts across the country. It is important to understand how significant this actually is, since only 4% of personal injury cases actually go to trial. The majority settle out of court. As such, the actual personal injury claims in this country, if the estimation is correct, would be 409,925, which is a staggering number.
The U.S. Department of Justice also highlighted the nature of personal injury cases, which provided real clarity over the commonality of different incidents. They found that:
- 52% was a result of motor vehicle accidents.
- 15% was in relation to medical malpractice.
- 5% was as a result of product liability.
The remaining 28% covered “other” cases. This highlights the variety of personal injuries that do occur. It also highlights the significance of accidents on the road.
The report by the U.S. Department of Justice then looked at the results of cases that actually went to trial. Interestingly, plaintiffs were successful in around half of the cases. There were some notable differences depending on the type of tort case that was actually heard. As such:
- In motor vehicle related incidents, plaintiffs were successful 61% of the time.
- In intentional tort trials, plaintiffs were successful 50% of the time.
- In premises liability trials, the success rate for plaintiffs stands at 39%.
- In product liability trials, plaintiffs were successful in 38% of cases.
- Just 19% of plaintiffs were successful in medical malpractice trials, which demonstrates just how hard it is to prove medical negligence.
Interestingly, judges seem to be more inclined to believe the plaintiff (56%) than juries (51%).
However, these statistics are relative, mainly because what really matters to most people is the amount of damages that were actually paid out. The U.S. Department of Justice also reported their findings on this, which are as follows:
- Half of all plaintiffs received no more than $24,000.
- The median award is $31,000 for all cases.
- The median award in motor vehicle personal injury cases is $16,000.
- The median award in premises liability cases was $90,000.
- Intentional tort cases had a median payout of $100,000.
- Medical malpractice cases paid out an average of $679,000.
- Product liability cases had a median payout of $748,000.
These findings demonstrate two main things. Firstly, cases that are not often litigated have higher payouts. Secondly, cases where the injury or potential for injury is worse also pay out more.
Finally, it was also shown in the report that the court process for those personal injury cases that actually would go to trial was incredibly lengthy. Again, there were notable differences depending on the type of case. As such, the average for:
- Tort lawsuits was 23 months.
- Motor vehicle accident cases was 20 months.
- Medical malpractice cases was 31 months.
- Premises liability was 24 months.
- Intentional tort cases was 25 months.
It was found, therefore, that the lawsuits were particularly lengthy. Furthermore, the trial itself would last a long time, when compared to other types of cases. It was found that the average physical trial time was:
- • Six days for a medical malpractice case.
• Seven days for product liability cases.
• Thirteen days for trials that included asbestos claims. However, these are much more complex by their very nature and require a lot of evidence to be presented in court before decisions can be made.
Personal Injury Statistics in California
While we now know about the national scene, how does California stack up? Accidents and injuries are prevalent in California, spanning various categories like auto accidents, construction mishaps, and medical malpractice. Legal expertise is vital for securing rightful compensation.
Auto Accidents in California:
California sees over 200,000 auto accidents annually, with significant injuries and fatalities. Legal assistance is crucial in navigating insurance claims, securing compensation for medical expenses, and addressing lost wages. Lawyers ensure victims’ rights are protected and help negotiate settlements or represent them in court if necessary.
See Also: San Diego Auto Accident Lawyer
Construction Accidents in California:
Construction accidents result in thousands of injuries each year in California, often due to falls, equipment failures, or negligence. A lawyer can help victims obtain workers’ compensation, file personal injury lawsuits for additional damages, and ensure compliance with safety regulations to prevent future incidents.
See Also: San Diego Construction Accident Lawyer
Dog Bites in California:
California records thousands of dog bite incidents annually, often leading to severe injuries and emotional trauma. Lawyers assist victims by filing claims against the dog owner’s insurance, seeking compensation for medical bills, pain and suffering, and lost income. They also navigate the state’s strict liability laws for dog attacks.
See Also: San Diego Dog Attack Lawyer
Defective Products in California:
Thousands suffer injuries from defective products annually in California. A lawyer can help by pursuing product liability claims against manufacturers, distributors, or retailers. They gather evidence to prove the defect and its causation, ensuring victims receive compensation for injuries, medical expenses, and other related damages.
See Also: San Diego Defective Products Lawyer
Wrongful Death in California:
Wrongful death claims arise from negligence, resulting in over 3,000 cases annually in California. Lawyers provide crucial support to grieving families by filing lawsuits, negotiating settlements, and securing compensation for lost income, funeral expenses, and emotional distress, ensuring justice for the deceased and their loved ones.
See Also: San Diego Wrongful Death Lawyer
Slip and Fall in California:
Slip and fall accidents are common, leading to numerous injuries each year in California. Lawyers help victims by proving property owner negligence, securing evidence, and negotiating settlements. They ensure clients receive compensation for medical bills, rehabilitation costs, and lost wages due to injuries sustained in the incident.
See Also: San Diego Slip and Fall Lawyer
Medical Malpractice in California:
Medical malpractice affects thousands annually in California, involving errors or negligence by healthcare providers. Lawyers assist by reviewing medical records, consulting with experts, and filing claims to seek compensation for medical expenses, pain and suffering, and lost income. They ensure accountability and advocate for patients’ rights.
See Also: San Diego Medical Malpractice Lawyer
References:
- Auto Accidents: California Office of Traffic Safety
- Construction Accidents: Occupational Safety and Health Administration (OSHA) – California
- Dog Bites: California Department of Public Health
- Defective Products: Consumer Product Safety Commission (CPSC)
- Wrongful Death: California Wrongful Death Statute
- Slip and Fall: National Floor Safety Institute
- Medical Malpractice: California Department of Public Health – Medical Errors