Top 9 Common Personal Injury Claims
During an average year in the United States, there are approximately 700,000 personal injury claims filed. It makes sense that by hiring a personal injury attorney to fight for you and your claim, you will get the compensation that you truly deserve.
When you’ve been injured or harmed by the negligence of another, you deserve compensation, and this is where a personal injury claim comes in. You’ll receive monetary compensation for both emotional and physical injuries as well as other damages such as the loss of wages, or loss of your ability to be a companion. By taking your claim to court, you can receive the proper and full reimbursement for your medical bills and compensation for the psychological trauma, pain and suffering, and mental anguish you have suffered due to your injuries.
Personal injury claims are varied and can be a dog bite, an auto accident, a slip and fall injury, or traumatic brain injuries. Each claim will be different and will require a personalized system of legal procedures and processes. Hiring an experienced personal injury attorney is by far the most intelligent thing you can do to ensure you receive the compensation you deserve.
In this article, we’ll discuss nine of the most common personal injury claims.
In the United States, there are about six million vehicle accidents every year. The reasons these accidents occur include distracted driving, driving over the speed limit, driving too fast for current road conditions, neglected road maintenance, and driving while intoxicated. If you have been injured in an accident that wasn’t your fault, you are likely eligible to receive compensation for both your injuries and your property damage.
You may feel as if it’s unnecessary, but it’s very important to see a doctor after a vehicle accident. You may have internal injuries that you can’t see. You may be in shock. You may have injuries that can be detected by x-ray or MRI that will not be immediately apparent. If you’ve been in an auto accident, be sure to contact a personal injury attorney, who will be able to help you with all the paperwork, and will advise you throughout your case.
Negligence and Public Liability
Over seven million injuries are attributed to slip and falls each year. This shows us that injuries caused by negligence are quite common. They normally occur in public areas, meaning the responsibility is on the private business, agency, or organization. Inadequately labeled dangerous areas, failure to comply with building codes, or faulty equipment are all reasons these types of injuries occur.
Work Related Injuries
Workplace injuries are common, and quite often result in a personal injury claim. If an injury occurs while the victim is at work, or develops an illness that is related to their work conditions, a worker’s compensation claim is what should be filed to obtain just compensation. When you file this claim, your employer must pay as they are responsible for providing their employees with a safe, healthy work environment.
If you’ve been injured in the workplace, see a doctor immediately and let them know that you were injured at work. You’ll have the proper documentation of your physical injuries that will help your attorney settle or litigate your workman’s compensation claim.
A medical malpractice claim is filed when you believe that a doctor or hospital has not given you the care you need, and you were harmed or injured as a result. You must be able to prove that the reasonable standard of care you expected was violated. This will require the help of a team of medical experts that are willing to testify under oath that the negligent acts, or negligence, occurred. Of course, an experienced medical malpractice attorney is required to evaluate and navigate this type of case, and hire the proper expert witnesses.
Products that are defective, dangerous, or improperly labeled cause thousands of injuries each year. Manufacturers and sellers must by law meet reasonable and ordinary consumer expectations regarding functionality and safety of their products. A product liability claim is brought against the manufacturer and/or distributor of a product that is either damaged or defective and has caused injury.
Product liability claims can be filed due to a manufacturing defect, such as a blow dryer that overheats and burns you, or what is termed a marketing defect – safety warnings or labeling that is incorrect, or inadequate. Product liability claims are unique in a way because they correctly shift the burden of proof from the person that was hurt, to the manufacturer that created the defective product. In other words, the victim does not have to prove that the manufacturer was negligent. The manufacturer has to prove that they were not negligent.
Usually, the owner of a dog that has bitten or injured someone is responsible for paying for the treatment of those injuries. These laws do vary from state to state. In some states, there are strict liability rules, and even if the dog in question has never shown aggression or bit anyone previously, the owner will be responsible. Other states use the “one bite” rule, where the owner is only responsible if the dog has shown aggression or bitten someone in the past.
Assault and Battery, Intentional Acts of Violence
Most personal injury claims are based on negligence, but intentional acts of violence are just that. They are planned, sometimes carefully so. There is nearly always a criminal case against the assailant with these types of claims. And the victim is also able to file a personal injury lawsuit in civil court to obtain compensation for their injuries.
Slip and Fall
Slip and fall claims are very common types of personal injury cases. Property owners (or renters) have a legal duty to keep their properties safe and free of hazards, in order to avoid injuring those who use and live on the property. The precise nature of this legal duty will vary depending upon the individual situation, and the laws that exist where the injury occurred.