Experiencing damages, pain and suffering, or a wrongful death of a loved one due to another person’s negligence may create grounds for a lawsuit. However, personal injury can be an extensive field of law. This makes it difficult for some people to determine when they need to work with a personal injury lawyer. For this reason, here are five types of personal injury claims. This article should help you make the right call sooner. Read on.
Motor Vehicle Accident
If you get injuries from a motor vehicle accident caused by the other party’s negligent actions, you can file a personal injury lawsuit. This applies to drivers, passengers, and pedestrians. Examples of negligence on the road are distracted driving, driving under the influence, speeding, driving a malfunctioned vehicle, running stop signs, and reckless driving.
An attorney should help you gather all the evidence needed. They will also infer who should take responsibility. For example, if a commercial vehicle caused the accident, they will find out if the driver was negligent or the company failed to service the vehicle accordingly.
In some instances, such as due to defective parts, the vehicle’s manufacturer may be liable. For example, if the accident was due to brake failure, tire rupture, or computer defects.
Premises Liability
Property owners should provide standard conditions. Hence, if you are on someone’s property and get injured due to a ceiling collapse, dog bites, or a slip and fall, just to mention a few examples, you may be eligible for a personal injury claim.
To file a premises liability claim, you should have been on the property lawfully, the owner should have been negligent, and you need to have suffered injuries. Your lawyer can help you prove these factors, building a stronger case.
Product Liability
Manufacturers have a duty to develop products that are safe for use. Defects in a product, such as food, cosmetics, electronic and mechanical devices, drugs, and children’s toys, can cause injuries. This comprises manufacturing and design defects, false claims, failure to warn, and improper use advertisement.
For instance, if your car’s airbags fail to deploy when they should have, you can file a product liability claim. Also, if a medical manufacturer does not list all side effects, and you experience an unknown one, you can sue them. Moreover, if a product does not have warning labels on how not to use it and you do so, encountering injuries, the manufacturer can be liable.
Medical Malpractice
If the negligence of a medical practitioner leads to your injuries or the wrongful death of a loved one, you can file a medical malpractice claim. This includes substandard medical care, misdiagnoses, surgical errors, birth injuries, wrong prescriptions, and so on.
This type of personal injury claim can be intricate. Hence, it will help to work closely with a lawyer to prove negligence and get the rightful compensation.
Workplace Accident
If you get injuries while working, you should be compensated. However, such an issue can be solved by a workers’ compensation claim. The employer’s insurance will compensate you.
A worker’s compensation claim differs from a personal injury one with regard to fault. With the former, you are not required to prove who was at fault. You are entitled to receiving compensation for any injuries.
But if your employer lacks insurance coverage, or the suggested compensation is not fair, you can file a personal injury claim. Your lawyer will prove the employer’s negligence, and in turn, get you adequate recompense for lost income, pain and suffering, medical expenses, and funeral expenses if you are filing for a loved one who passed away.
The above cases are a few examples of personal injury claims. If you or your loved one is injured because of another party’s negligence, you should take legal action. Note that it is vital to get medical help immediately, collect the contact information of witnesses, and take pictures of the injuries.
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