If you suffer an injury due to someone else’s negligence, you can file a personal injury claim against them to demand compensation. However, you must know the type of personal injury claim to file to increase your chances of receiving adequate compensation. This process can be challenging if you do not know how to file a claim.
“There are numerous types of personal injury claims. If you familiarize yourself with them, you will know which to file when you have a case. Understanding the procedures will help you receive maximum compensation for your injuries and losses,” says attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers. This essay discusses eight common types of personal injury claims.
Typical Types of Personal Injury Cases
The type of personal injury case influences the claim process. When you understand the uniqueness of each case, you can easily maneuver your way around them. In other words, you would know the steps to take to seek damages.
1. Automobile Accident
Vehicle mishaps are the most common type of personal injury claim. In a vehicle accident claim, you must be able to prove negligence to stand a chance of receiving compensation. In other words, you must establish that the other motorist is directly responsible for your injuries and damages, and they triggered the accident that resulted in your injuries. Informing the police immediately after the incident, seeking medical intervention, getting witnesses’ contact details, and speaking with your lawyer can increase your chances of filing a successful claim.
2. Workplace Injury
Sometimes, accidents happen at work even when everyone takes necessary precautions. You can claim certain workers’ compensation benefits if you suffer an injury at work. For instance, your employer may shoulder medical bills and pay you for the hours of work you missed due to the injury. The authorities demand that every employer has workers’ compensation insurance. Should your injury stem from your employer’s breach of duty to provide a safe working environment, you are entitled to pursue a personal injury claim against your employer to recover damages. However, your claim can only succeed if you can prove negligence against them.
3. Slip-and-Fall Accidents
Slip-and-fall accidents are also common across the United States. Premises liability laws govern slip-and-fall personal injury claims and mandate property owners to keep their premises safe for visitors, residents, and tenants. If an owner falls short of this standard, they will be responsible for any injury within the premises. Like in other cases, you must prove the property owner’s negligence to establish liability in a premises liability claim. For instance, you may claim the owner failed to maintain their property or put up a warning sign about a potential hazard, leading to your injury.
4. Bicycle and Pedestrian Mishaps
You must exercise extra caution as a pedestrian or cyclist due to your naturally disadvantaged position. While it is logical to expect drivers to stop at crosswalks, this does not always happen. Some recalcitrant motorists may even choose to drive on dedicated bike lanes. Motorists driving against traffic create a dangerous situation for both pedestrians and cyclists, significantly increasing their risk of injury or accident. When an accident happens in such circumstances, and you sustain an injury, you can sue the negligent driver for damages and file your claim under personal injury law. The same rule governs motorcycle accidents.
5. Medical Malpractice
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider’s negligence leads to an injury, worsening of the treated conditions, or death. Situations that may warrant a medical malpractice lawsuit include surgical errors, wrong prescriptions, and misdiagnosis. You can also institute a lawsuit against a healthcare professional who fails to provide aftercare for you.
6. Dog Bites
A dog bite can happen when you least expect it. While not all dog bites result in a serious injury, a significant portion of them lead to physical harm, emotional trauma, and long-term consequences. If you have been a victim of a dog bite incident, you can file your claim under premises liability law or personal injury, depending on the location of the incident. It is advisable to consult a lawyer who can assess the circumstances of the incident, explain your rights, and pursue compensation for your injuries.
7. Assault and Intentional Harm
You can also file a personal injury claim against a person or an entity that intentionally injures you and recover economic and non-economic damages if you can prove your claim. Further, the authorities may file criminal charges against the at-fault party. Unlike a personal injury claim, which a civil court handles, a criminal court will handle the criminal case. However, it is important to add that a guilty verdict in the criminal court does not automatically imply wrongdoing in the civil case. You must prove your case without relying on any external factor.
8. Wrongful Death
This type of claim is filed on behalf of a deceased loved one. A surviving child or spouse can file a wrongful death claim. However, if the deceased had no child or spouse, their parents or siblings can file the lawsuit. If the deceased spent some days in the hospital before death, you can seek medical expenses from the at-fault party. You can also demand burial and funeral expenses. You can contact a wrongful death lawyer to help you prepare a detailed compensation package.
Conclusion
Negligence is the only ground for filing a personal injury claim. Before commencing the process, let a personal injury attorney evaluate your case and determine if your claim is valid. The lawyer will guide you on the steps to take for a positive outcome. You also need an attorney to help gather evidence, interface with insurers, and defend your interests in court. They will effectively argue your case and help you receive fair compensation.
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