What are Some Common Examples of Personal Injury Claims?
When most people hear the term “personal injury,” they usually picture car accidents or slips and falls. However, in reality, there are a large number of different personal injury claims that correspond to all aspects of our lives. Anytime an individual suffers injuries due to the negligence or malice of another, that individual is eligible to file a personal injury claim to recover financial compensation.
Let’s look at some of the most common personal injury cases:
Various Kinds of Personal Injury Claims
As you might imagine, motor vehicle accidents are in fact the most common personal injury claims. There are a few reasons for this, and the first is volume–there are more vehicle accidents every minute in the U.S., and most will result in injuries and property damages. The second reason is that most drivers carry insurance, which makes it very easy for injured claimants to recover compensation. However, one thing to remember about vehicle accidents is that U.S. states are considered to be either “no fault” or “at-fault” jurisdictions; in no fault states, you can only recover damages from your own insurer, whereas in at-fault states you are free to recover compensation from the party at fault for your injuries.
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Injuries heal and property can be repaired, but once an individual loses their life, everything changes. Wrongful death claims encompass all other claim types, but they are handled differently because of all the considerations that must be taken into account for the deceased and their families. These cases are filed by the surviving loved ones, and they feature specific damages that may not be seen in other cases, such as loss of consortium and funeral expenses.
Medical Negligence or Malpractice
Healthcare professionals certainly have a stressful job that comes with a lot of responsibility, but that does not mean that they are absolved from the consequences of their decisions. We trust doctors and healthcare professionals literally with our lives, and sometimes medical errors result in complications and injuries that should have been avoided. Anytime an individual suffers additional complications because of the actions or inaction of a healthcare worker, they may be eligible to recover compensation through a medical malpractice claim. The most common method of determining malpractice is to compare the actions of the worker in question to the industry standards that are typically followed.
Employers are responsible for ensuring the safety of their workers when conducting work duties, and this includes following guidelines from agencies such as OSHA. Whenever an employee is injured in a workplace accident that can be attributed to negligent practices or working conditions, their employer could be liable for their damages. This is especially true if it is discovered that the employer in question does not have the proper Workers’ Compensation benefits in place. These claims are subject to local law, as workplace laws and regulations vary greatly between states.
Premises Liability (Slip and Falls)
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The term “premises liability” can be applied to any instance in which an individual is injured on another’s property because of negligent conditions. Home and business owners must ensure that their property is reasonably safe before admitting guests or patrons, and if they fail to do so, they may be found liable for their guest’s injuries. For example, if Bob decides to do a DIY install of a ceiling fan in his living room, and it happens to fall on top of Jill, Jill could then file a premises liability claim against Bob because he didn’t fulfill his obligation as a homeowner to provide a safe environment, nor did he notify her of any potential threats. Slips and falls are by far the most common type of premises liability claim, but others include burns, exposure to harmful substances, and swimming pool injuries.
Every product that reaches retail shelves is expected to safely perform its intended function. There are numerous agencies and entities that are responsible for testing these products in order to ensure their safety and efficacy, but bad apples inevitably fall through the cracks, and consumers regularly have to pay the consequences of these defects. A product liability claim may be filed in any situation in which a faulty or dangerous product–such as a retail product, drug, and medical device–causes an individual to suffer additional injuries or complications. These claims are somewhat unique in the sense that they can be singular or plural. In other words, if a man receives a faulty pressure cooker that explodes, he would file a singular claim. However, if that same man was injured by a defective drug that also affected thousands of other people, he may wish to join a class-action lawsuit or mass tort case, which are large proceedings that are formed whenever a large number of claimants have similar claims against the same defendant(s).
Questions About a Potential Claim? Van Law Firm Can Help
If you need help recovering compensation via a personal injury claim, look no further than the offices of Van Law Firm. Our award-winning staff of personal injury attorneys can review your case and formulate the best plan of action to recover the compensation you and your loved ones deserve. Regardless of the circumstances, you will likely only have one chance to defend your rights–make it count by calling the Van Law Firm office nearest you to schedule a risk-free consultation and case review.
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