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What Types of Personal Injuries Can Be Claimed?



Personal Injury

Personal Injury

A personal injury claim is a formal demand for financial compensation against a person or organization that injured the claimant. Injury victims have the right to compensation for mental injuries (including emotional distress) that occur with physical injuries. The ability to receive compensation for a mental impairment not related to a physical disability generally varies from state to state, but it is typically quite limited.

Personal injury claims are generally based on another party’s or an organization’s negligence. An intentional act, also known as “intentional torts,” [such as battery or assault] claims for purposefully causing injuries are subject to a distinct set of legal rules than negligence claims. They also form the basis for making a personal injury claim.

Understanding the different types of available injury compensation will help you determine how much your case will likely be worth. This tutorial discusses the various types of personal injury claim that victim may be compensated for.  Let’s delve into them.

  • Motor vehicle accident claims

One of the most prevalent categories of personal injury claims involves auto accidents. These personal injury claims could also be divided further into the following categories:

Car accidents: Among all the personal injury claim subtypes, auto accidents may be the most prevalent.

Accidents involving motorcycles: Serious injuries are frequently caused by motorcycle accidents.

Trucking accidents: Commercial truckers are often well-insured, although truck accidents routinely result in catastrophic injuries.

Accidents involving pedestrians: The majority of pedestrian accidents happen in cities. Claims of wrongful death are frequent.

Uber/Lyft incidents: Rideshare accidents are getting more and more regular. Uber and Lyft employees often have comprehensive insurance.

  • Medical malpractice claims

Doctors, nurses, hospitals, and other medical personnel can and often do act negligently, which can result in serious injury. Medical malpractice can take many different forms, including inappropriate treatment, surgical errors, drug or pharmacy blunders, birth injuries (mistakes done during childbirth), and failing to detect cancer or other serious health conditions. Due to their intricacy, medical malpractice claims require the expertise of a lawyer. If you have been harmed by a medical professional or lost a loved one, you must retain the services of a knowledgeable lawyer. This lawyer will be able to identify any possible carelessness swiftly and, if necessary, aggressively pursue legal action to hold the guilty party accountable.

  • Slip and fall claims 

Real estate owners are should keep their properties safe and free from risks that could endanger visitors or customers. When it isn’t practicable, they are responsible for alerting clients or visitors to the dangerous situation.

Falls can result from unsafe property conditions. Floors get slick from liquid product spills or water in the produce section of a supermarket. A customer who slips and falls may have a claim based on the property owner’s negligence if the business owner knew about the situation or should have known about it, failed to warn consumers of the hazard, or failed to dry the floor promptly.

Additional property faults that could lead to a consumer falling include cracked walkways on company property, frayed carpeting, products that jut into aisles, electrical cords that cross floors, and permitting clubgoers to bring drinks onto dance floors. Other hazardous property problems that might cause falls include loose handrails on stairways, broken escalators, and hotel bathrooms without grab bars.

  • Product liability claims

Product sellers and manufacturers have an obligation not to promote hazardous goods. They have a responsibility to alert customers to any hazard that is there but might not be immediately obvious. When a breach of either of those obligations causes harm to a product’s consumer, legal responsibility may result from the violation.

  • Workplace accident claims

In most cases, employees cannot file a personal injury claim against their employer when they are hurt or killed while doing work-related duties. Instead, the wounded employee must claim under the Workers’ Compensation Act, which mandates companies to give certain benefits to their injured workers. They include “permanent partial disability,” sometimes known as a lump sum payout, to compensate the wounded worker for his or her disabilities, as well as medical care, “temporary entire disability” and other benefits. The law that governs workers’ compensation differs from state to state. Your rights will be upheld, and a knowledgeable workers’ compensation lawyer will guide you through the procedure.

  • Premises Liability claims 

Accidents brought on by a hazardous or defective condition on someone’s property are known as “premises liability” accidents. These mishaps can happen practically anywhere, including residential or public swimming pools and commercial buildings like supermarkets, restaurants, gas stations, malls, and retail stores. A “premises liability” claim may result from dangerous or defective situations, including stumbling over something, slipping on something, being bitten by a dog, or falling down a staircase because there was no handrail. It is essential to record the hazardous or defective situation as soon as possible following the accident. You can accomplish this with the aid of a personal injury lawyer, who will also defend your rights throughout the legal procedure. 

  • Wrongful death claims 

Any personal injury lawsuit can develop into a wrongful death claim if the victim dies due to the injury. each state has its own unique wrongful death laws, with some being very complicated. The deceased victim and certain family members can bring a wrongful death claim and recover damages.

Different forms of damages may be applicable depending on whether the victim was a kid or an adult. The court would refund the estate if it paid specified costs, like funeral and burial costs.

  • Construction accident claims

Workers’ compensation covers employees at construction sites. On the other hand, visitors have the right to file a personal injury claim if negligent conduct causes them harm. An unknowing victim could sustain a traumatic brain injury if a worker drops a tool from a height. In addition, if pedestrians walk beneath fails, they risk severe crush injuries.

Wrapping up

There you have it! if you are demanding compensation from an individual or entity because of negligence, now that you are aware of the various personal injury claims, you can go ahead and pick up the right claim that suits your situation and work with a qualified lawyer  to maximize your settlement.

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