8 Typical Claims That Fall Under Personal Injury
When you sustain a personal injury, you must act quickly to beat legal deadlines and hold the negligent party liable. However, many spend time trying to understand the category of their injury.
“You need to understand the different scenarios in which you can demand compensation for another person’s negligence toward you to build a solid personal injury claim. When you understand that you have a case, it will help you make an informed decision on the legal assistance to seek,” says personal injury attorney Gordana Mikalacki of Elmm Law Group.
This article discusses eight typical claims that fall under personal injury:
Claim 1: Car Mishaps
Car mishaps are the leading cause of personal injury cases in the United States. These accidents can range from minor collisions to severe or fatal ones.
You can file a claim against a negligent party if you are involved in a car accident. Negligence in these cases includes driving under the influence (DUI), speeding, violating traffic rules, and distracted driving. When any of these scenarios result in your injuries or losses, you can hold the at-fault party liable.
The severity of your harm and losses will determine the compensation you will seek. However, victims typically seek compensation for medical expenses, pain and suffering, ongoing medical care, lost earnings, and vehicle repairs.
Claim 2: Slips and Falls or Premises Liability
Slip and fall claims are also known as “premises liability.” They occur when a visitor sustains an injury on another person’s property due to unsafe conditions. For instance, you may trip over rough pavement, fall because of poor lighting when climbing stairs, or slip on a wet floor in a mall.
The authorities require property owners or managers to maintain their premises in a safe condition for visitors. They are liable for any resultant injury. If you sustain an injury under these circumstances, you can demand compensation for lost wages, medical costs, and other related losses.
Claim 3: Medical Malpractice
The medical industry is highly professional and delicate. People turn to healthcare practitioners when they fall ill and need medical attention. However, some healthcare professionals ironically worsen the situation of their patients due to negligence.
If a healthcare professional fails to live up to the set standards of their profession, injuring you in that way, you can hold them liable for your harm and losses. Examples of such negligent acts include misdiagnosis, incorrect medication dosages, inadequate follow-up, and surgical errors. Your claim will be valid if you can prove that the healthcare provider’s negligence is responsible for your harm.
However, it is pertinent to add that medical malpractice matters are highly complex. You need strong legal representation, expert witness testimony, and comprehensive documentation to increase your chances of winning.
Claim 4: Product Liability
You can file a product liability claim when you sustain an injury from a defective or dangerous product. Such items may include poorly designed automobiles, expired or faulty pharmaceuticals, or poorly produced consumer electronics.
Product liability cases are also complex because you must carefully trace the source of liability. It may arise from a lack of warning or user manual, manufacturing issues, or defective designs. You must identify the source of the problem to determine who to hold liable, as manufacturers, distributors, and retailers are all potential defendants.
It is essential to involve an attorney in this legal battle to understand the full range of compensation you can demand. A lawyer will identify all the damages you deserve in the given circumstances.
Claim 5: Workplace Injuries
Although workers’ compensation has covered several workplace injury cases, you may need to file a claim if it involves a third party. For example, if you sustain an injury from a malfunctioning machine due to the manufacturer’s negligence, you can hold the latter liable.
Pursuing this personal injury claim does not stop you from receiving your workers’ compensation from your employer. The essence of this claim is to cover damages that the workers’ compensation is silent about. Examples include punitive damages, emotional distress, and suffering.
Claim 6: Dog Bites
When a stray dog bites you, you can hold its owner liable for your injuries. While it is a common personal injury claim, the specific laws in your jurisdiction will determine the prosecution of your case. For instance, in a strict liability jurisdiction, the dog owner will be liable for the bite, regardless of the dog’s history.
A dog bite can be mild or severe. Apart from the physical injury, victims also suffer emotional trauma and mental destabilization. You can seek compensation in all these areas.
Claim 7: Defamation
When someone defames you, they bring your reputation into question. They damage your reputation by libel or slander. If such misleading claims go uncontested, people will tend to believe them.
Therefore, you can file a defamation claim against the person who made the slanderous statement. You need to establish through your claim that the defendant’s utterances are false, ill-motivated, and damaging to your integrity. You need to prove how it has affected your reputation.
Despite not suffering physical injury, you can recover compensation from a defamation suit. Your attorney will consider the personal and professional harm the defamation causes you to know what to demand as compensation.
Claim 8: Battery and Assault
Some people are intentional about injuring you. Such an individual attempts to assault you with the slightest provocation. If you can prove that someone intentionally wants to harm you, you can file an assault and battery personal injury claim against them.
You can recover compensation for medical bills, ongoing medical care, pain, and emotional distress. Your attorney will also consider other applicable damages in your case to demand maximum compensation.
Assaults and batteries are severe cases. That is why they are both civil and criminal cases. They are often high-stakes cases. Therefore, you must provide sufficient evidence to increase your winning chances.
Final Thoughts
There are numerous claims under personal injury law. To ensure that your issue receives enough attention, you must first determine where it falls, as each has its own set of legal principles. As a non-legal person, this may not be obvious to you.
Hence, it is crucial to involve a personal injury attorney in the claims process. They will consider the specific circumstances surrounding your case, categorize it appropriately, and utilize their legal expertise to achieve a positive outcome. Their understanding of personal injury law and legal processes will help in demystifying the complexities in your case.
