When legal matters collide with unexpected injuries or medical errors, you might find yourself asking: is this a personal injury case or a medical malpractice claim? At MANEY | GORDON Trial Lawyers, we understand how confusing these distinctions can be. That’s why we’re here to break down the key differences, so you can determine the best path forward.
Both medical malpractice and personal injury cases fall under the broader category of civil law, which allows individuals to pursue compensation for harm caused by another party's negligence. The distinction between the two lies in the type of negligence involved.
Medical malpractice specifically refers to negligence by a healthcare provider or medical professional. For instance, it may include scenarios like failing to diagnose a serious condition or performing a surgery incorrectly, resulting in harm to the patient. On the other hand, personal injury encompasses a wider range of incidents, such as car accidents, slip-and-fall injuries, or other situations where someone's careless actions—or lack of action—cause harm to another person.
The connection between these two types of cases is that all medical malpractice claims are technically personal injury cases. However, not every personal injury case involves medical malpractice.
Personal injury cases, on the other hand, encompass a variety of situations where negligence leads to injury. These cases often involve accidents and require demonstrating three core elements:
Common personal injury scenarios include car accidents, dog bites, workplace injuries, and defective products.
Choosing the right attorney is crucial. At MANEY | GORDON Trial Lawyers, we handle both medical malpractice and personal injury cases, but the approach for each is different.
The process we follow depends on whether your case involves medical malpractice or personal injury. For medical malpractice cases, we begin by gathering medical records and consulting with experts to assess whether the standard of care was breached. From there, we build a strong argument to demonstrate why compensation is justified. In personal injury cases, our efforts focus on documenting your injuries, collecting eyewitness accounts, and establishing liability. Since insurance companies often play a significant role in these cases, we are highly experienced in negotiating settlements and, when necessary, pursuing litigation in court to secure the compensation you deserve.
Regardless of the type of case, strong evidence is the backbone of a successful claim. Here’s what we might look for:
At MANEY | GORDON Trial Lawyers, we bring unmatched expertise to every case we handle. Here’s what makes us stand out:
Our clients trust us because we combine legal expertise with genuine care. When you work with MANEY | GORDON Trial Lawyers, you’re not just another case—you’re family.
If your injury involves medical treatment or the actions of a healthcare provider, it might be medical malpractice. We can help you assess your situation during a free consultation.
What’s the Statute of Limitations for Each Type of Case?
This varies by state. In Florida, both types of cases typically need to be filed within two years of the date of injury, but exceptions may apply.
Can I Recover Damages for Emotional Distress?
Yes. Both medical malpractice and personal injury claims can include compensation for emotional distress, pain, and suffering.
Do I Need Expert Witnesses for My Case?
For medical malpractice, expert witnesses are typically required to establish the standard of care. In personal injury cases, experts may also be helpful but are not always necessary.
MANEY | GORDON Trial Lawyers is proud to serve clients throughout Florida, including Tampa, Clearwater, St. Petersburg, Palm Harbor, Carrollwood, and other cities. Wherever you are, we are ready to fight for your rights.
Medical Malpractice vs. Personal Injury: We'll Help You Determine What Claim to File
If you’re facing a potential medical malpractice or personal injury claim, you don’t have to navigate this journey alone. MANEY | GORDON Trial Lawyers is here to provide expert guidance, compassionate support, and aggressive advocacy. Contact us today for a free consultation. Let us help you secure the justice and compensation you deserve.
