Personal injury claims are always advertised, however, when something actually happens we hardly know where to start. There are many types of personal injury claims you can make, you just need to know which category they fit into.
You should always start by looking up a personal injury lawyer in your area, as every state, city, and county will have their own law group to help you file your personal injury claims, such as Sacramento Injury Lawyers.
But, let’s begin by talking you through the types of personal injury claims you can make, so you can be aware of what type of claim your incident may fall under.
What Are The Most Common Cases?
Personal injury law has another name, ‘tort’. This law helps to get injured people compensation when their injuries were at the fault of another person.
There are countless situations in which this could occur, however, not every injury is valid for legal liabilities. So, let’s get started by viewing the most common personal injury cases that you may come across.
In a majority of cases, any accident that has taken place inside a working environment that has resulted in an injury needs to be looked at as a claim upon the insurance of the employer.
This does depend on the state you live in though, but nonetheless, a majority of the time this is vital. If your employer has no insurance there are other options.
This is one of the most claimed types of cases there are, as workplaces are often rife with hazards, and thus working environments do see the brunt of claims.
However, workplace accidents are not actually the primary type of case in the U.S.
The most common claim made is car accidents. When an accident occurs it is usually due to a breach of road rules, or if they are not driving with caution.
Careless drivers are held financially responsible for injury that has occurred as a result of a road accident. There are some exceptions where a driver may collect from their insurance, this however, is not the case in serious injury cases.
Medical malpractice is the occurrence when a health professional provides inappropriate treatment to a patient and as a result the patient is insured.
This does not mean that every time there is a bad result that there is malpractice. Be certain that malpractice is indeed the cause of the injury before making a claim!
This can include, misdiagnosis or failure to diagnose, surgical errors, pharmaceutical errors, and so on.
Slip & Fall
This is another common case. This is often in the case of property owners who will have the duty to keep premises safe and hazard free, and they can be held liable if the property is unsafe, and it leads to people on the property suffering an injury.
It also depends on the law that is in place and where on the premises the injury occurred to the legal duty of the owner.
Personal injury claims can also be in terms of reputation as defamation covers. This will be in reference to when a persons’ reputation is injured as a result of untrue slander and statement.
A typical case is when a statement is made, it was untrue, and harm was a result. However, for public figures it can be more difficult and the public figure will need to prove that ‘genuine malice’ was behind this.
You can also claim personal injury as a result of a dangerous product or a product that is defective. This can include drugs, toys and medical devices.
Products could be defective in many ways, from design, manufacturing, or if advertising claims are misleading and lead to injury.
This is a case that is reserved for a situation wherein there has been a fatality, this will open up many avenues for damage recovery that are not found in personal injury cases without fatality.
Assault, Battery & Intentional Torts.
Finally, intentional torts are not based upon accident or negligence as most of these other cases are. This is when a person harms another with intent.
These cases will also have the added prospect of a criminal case against the actionable perpetrator. This includes physical attacks and so on.
The victim could file a lawsuit in civil court, and the perpetrator can face criminal charges for this.
It does differ from the rest of the personal injury claims on this list in ways that the actions that follow differ in court and law.