You should be able to file a compensation claim when you’re injured in an accident caused by negligence. However, do you know what type of claim to file? If you’re unfamiliar with the different types of personal injury cases, receiving compensation can be a frustrating experience.
We’re exploring different types of personal injury cases, and there more than you may think, to help ensure you can receive financial compensation for your damages.
Common Types of Personal Injury Cases
The type of personal injury case can affect the claim process. Knowing the differences between the various cases can make it a little easier to navigate the steps you need to take to successfully pursue compensation.
Car Accidents
When you think of personal injury claims, vehicle accidents probably come to mind, which is the most common type of personal injury claim.
Your ability to seek financial compensation typically depends on whether you can prove negligence. You must show the other involved driver is responsible for causing the accident that results in your damages.
Some of the steps you should take immediately after a vehicle collision include reporting the accident to the authorities, seeking medical attention, and consulting with an experienced personal injury attorney.
Slip and Fall Claims
Slip and fall cases are almost as common as vehicle accident claims, and this type of personal injury claim is usually governed by premises liability laws.
These rules require property owners to ensure their premises are safe for residents, tenants, and visitors. If a property owner fails to maintain their premises, they can be liable if an injury occurs.
To establish liability in a premises liability claim, you will need to show the property owner is negligent. Their negligence can include failing to maintain the property or warning others of potential hazards.
Workplace Accidents
Accidents can occur in the workplace, even when everyone is following all safety regulations. If you’re injured on the job or contract a work-related illness, workers’ compensation usually steps in to provide employees with certain benefits.
These benefits include covering medical costs and lost wages. If you’re wondering if all employers need to carry workers’ compensation insurance, the answer is usually yes. There are a few exceptions, and these can vary by state.
If your employer is failing to provide a safe work environment, you may also be able to file a personal injury claim. However, this means you also need to prove your employer is negligent.
Medical Malpractice Claims
Hopefully, you never need to use the following information. If you do, it means a healthcare professional has failed to provide you with adequate medical care. Some examples of reasons you may want to file a medical malpractice claim include if you received an incorrect diagnosis or errors occur during surgery.
Mistakes in prescribing medication and failing to provide aftercare are other reasons why you may want to consider filing a medical malpractice claim. You will need to show the healthcare provider was negligent in their duties, and this often means bringing in expert medical witnesses to help support your claim.
Pedestrian and Bicycle Accidents
As a pedestrian or cyclist, you have a reasonable expectation of safety. You expect motorists to stop at crosswalks and avoid driving in dedicated bike lanes. When a driver fails to follow all traffic laws, accidents can occur. If you’re hit by a vehicle, there’s a good chance you have grounds to file a personal injury claim.
Pedestrian and bicycle accidents are typically governed by personal injury law. You follow the same basic steps as you would if it had been a vehicle accident. The same applies to motorcycle riders. Their accident also falls under personal injury law.
Dog Bites
Even the friendliest dog in the neighbourhood can become spooked and nip at someone. Pet owners have a legal responsibility to ensure their animals are properly restrained. While the law can vary by state, most hold the pet owner liable for any injuries and other damages.
Your claim may be covered under personal injury or premises liability laws, depending on where the accident occurs. To help ensure you’re following the right steps to file a claim, it’s a good idea to work with an accident attorney.
Wrongful Death
This is a type of personal injury claim you never want to file. If you do, it means a loved one has passed away and the fatality is caused by someone else’s negligence. Wrongful death laws vary by state, but all allow surviving family members to file a wrongful death claim if negligence is the primary cause.
Who can file a wrongful death lawsuit is typically limited to the surviving spouse or children. Parents or siblings may be able to file a claim if the deceased isn’t married or has children. Your claim can include compensation for funeral and burial costs. You can also claim medical expenses if your loved one is hospitalized before succumbing to their injuries.
Your wrongful death attorney can help you list your damages, including your non-economic damages. However, don’t wait too long to file a wrongful death claim, all states have a statute of limitations that ranges anywhere from a few months to a couple of years.
Assault and Other Intentional Torts
Personal injury law applies to both accidents and incidents involving intentional harm. An example is if another individual assaults you without provocation. You can file a claim to recover damages relating to your injuries. Your claim can also include non-economic damages like pain and suffering.
The defendant may also face criminal charges but these are separate from your injury claim. Your injury claim is heard in civil court and the assault charges are tried in criminal court. Something to remember is that just because the defendant is found guilty in criminal court doesn’t automatically mean you’ll win your civil case.
Do You Have Grounds for a Personal Injury Claim
This is only a brief look at the different types of personal injury claims. If your accident is the result of someone’s accidental or intentional negligence, you may be able to receive compensation for your damages. Talk to an attorney today to learn more about the steps you need to take.
An experienced attorney can provide you with a detailed understanding of your rights and guide you through the claims process. They can also help gather evidence, negotiate with insurance companies, and represent your interests in court if necessary, ensuring you have the best chance of receiving fair compensation.
