Have you ever been injured due to the negligence of another person or company? If so, you may have been entitled to receive compensation for your medical bills, lost wages, and other damages.
Whether it’s a car accident, an injury sustained on someone else’s property, a faulty product injury, or a medical malpractice case, understanding your rights is vital to filing a successful personal injury claim.
In this article, we will explore the most common types of personal injury claims and what you need to know about them. So if you’ve ever had an experience that left you feeling wronged and seeking justice, read on!
What is a Personal Injury Claim?
A personal injury claim is a legal action taken by an individual who has been injured due to the negligence or wrongful act of another party. This type of claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.
These claims can arise from car accidents, slips and falls on someone else’s property, dog bites, or any other situation in which an individual suffered a physical or emotional injury caused by another person or entity.
Depending on the circumstances of the case, a personal injury claim may need to be filed with an insurance company or a lawsuit may need to be pursued against the responsible party.
A personal injury lawyer can help individuals navigate the process of filing a claim and recovering fair compensation for their losses.
Recovering damages for a personal injury can help victims to get back on their feet and begin the process of healing. It is important to consult with an experienced attorney who can evaluate your case and help you pursue the best outcome possible.
With the right legal guidance, individuals can find justice and peace of mind after suffering an injury due to someone else’s negligence. Now that you understand what a personal injury claim is, let’s take a look at some of the most common types of claims you may encounter.
Types of Personal Injury Claims
Individuals who have suffered an injury due to the negligence or wrongful act of another party may be able to file a personal injury claim in order to receive compensation for their losses.
Common types of personal injury claims include:
- car accidents
- slips and falls on someone else’s property
- bus accidents
- truck accidents
- workplace injuries
- motorcycle accidents
- birth injuries
In some cases, a personal injury claim may need to be filed with an insurance company while other situations may require the filing of a lawsuit against the responsible party. An experienced attorney can help individuals navigate the legal process and ensure that they pursue the best outcome possible.
Not only can this help victims recover damages for their physical or emotional injuries, but it can also provide them with justice and peace of mind after suffering an unjust incident.
Vehicle Accident Claims
Vehicle accident claims are one of the most common types of personal injury claims and the most common type of accidents. These types of cases involve a collision between two or more vehicles, and can result from a range of factors including:
- driver negligence
- distracted driving
Slip and Fall/Premises Liability Claims
Slip and fall/premises liability claims are another common type of personal injury case. These types of cases arise when someone is injured due to the negligence or carelessness of a property owner or other responsible party.
In order to win a premises liability claim, victims must demonstrate that the property owner failed to take reasonable steps to ensure their safety on the premises, such as fixing hazardous conditions or providing adequate warning signs.
Common types of premises liability claims include:
- dog bites
- inadequate security
- dangerous products
Victims may be entitled to compensation including:
- medical bills
- lost wages due to time away from work
- pain and suffering
- emotional distress
- any other losses resulting from their injuries
Product Liability Claims
Product liability claims arise when someone is harmed due to a defective product or the negligence of a manufacturer, distributor, or retailer. Such claims can be brought against any party in the chain of distribution responsible for placing the defective item into commerce.
In order to win a product liability claim, victims must provide evidence that the product was unreasonably dangerous and/or lacked adequate warnings or instructions.
Common examples of defective products include:
- toys that contain hazardous chemicals
- medical devices that fail to work as expected
- automotive parts with design flaws
Medical Malpractice Claims
Medical malpractice claims are brought against medical professionals and facilities when someone is injured or dies due to professional negligence. The standard of care required for such claims is that the medical provider must adhere to a level of care, skill, and knowledge that is generally accepted by the medical community in their particular field.
Common examples of medical malpractice include:
- surgical errors
- birth injuries
- anesthesia errors
- hospital-acquired infections
- prescription drug errors
- failure to properly treat an illness or injury
Workplace injuries can occur in a variety of ways, and they are unfortunately all too common. Depending on the type of job and the environment, workplace injuries can range from minor to severe, resulting in lost wages and expensive medical bills.
Common causes of workplace injuries include:
- repetitive stress injuries
- slips and trips
- motor vehicle accidents
- dangerous conditions on the job site, or
- exposure to hazardous materials.
If you have been injured at work due to negligence or dangerous conditions set by an employer or property owner, you may be entitled to compensation for your pain and suffering as well as any medical expenses incurred as a result of the accident.
Wrongful Death Claim
A wrongful death claim is a legal action brought against an individual, organization, or business for negligently causing the death of another person. These claims are typically filed by close family members of the deceased and can involve:
To successfully prove wrongful death, it must be shown that the defendant had a duty to take reasonable care in order to avoid causing harm to the victim and failed to do so. It must also be proven that this failure was directly responsible for the death of the victim.
A successful wrongful death claim could result in compensation for any monetary losses associated with the death such as:
- funeral expenses
- lost wages and benefits
- medical bills related to treatment prior to passing away
Additionally, non-economic damages such as pain and suffering can be claimed if they are legally allowed under state law. In some cases punitive damages may also be awarded depending on the severity of the negligence involved.
A personal injury attorney experienced in wrongful death claims can provide guidance regarding your rights and will ensure you receive proper compensation for your loss.
The Most Common Personal Injury Claim
Without a doubt the most common types of personal injury claim is the auto accident claim. Auto accidents are responsible for an estimated 3 million injuries in the United States each year. These claims typically involve negligence on the part of one or both drivers, resulting in serious physical injury, property damage and even wrongful death.
Understanding Your Rights for Personal Injury Claim
When it comes to understanding your rights when filing a personal injury claim, it is essential to seek the aid of an experienced personal injury lawyer. Personal injury attorneys understand the complexities of such cases and can advise you on the best course of action in order to maximize your compensation for injuries or losses.
A personal injury lawyer will review all aspects of the case, including gathering evidence, reviewing medical records, and interviewing witnesses, as well as assessing any potential damages that could be recovered through legal action. They also have experience dealing with insurance companies and understanding their policies in order to ensure you are receiving fair compensation for your injuries.
They are knowledgeable about the standard of care that must be met by medical professionals or property owners in order to ensure they are held accountable for any negligence leading to personal injuries. Understanding all these factors can make a significant difference when pursuing a successful outcome in a personal injury claim.
At the end of the day, it is important to remember that having a personal injury lawyer on your side can make all the difference when pursuing a successful outcome in a personal injury claim.
They understand the complexities involved and have experience dealing with insurance companies, ensuring that you are receiving fair compensation for your injuries.
Trauma Facts and Links. (2012, August 10). Trauma Facts – the American Association for the Surgery of Trauma. https://www.aast.org/resources/trauma-facts