April 6, 2023 | Personal injury

Personal injury claims are cases that arise when a person suffers an injury as a result of another person’s reckless or negligent behavior. These injuries are completely avoidable and would not have occurred if it were not for the reckless or negligent behavior of the other party. According to the Centers for Disease Control (CDC), 29.4 million people in the US seek medical treatment for injuries caused by the negligence of other parties every year.

Below are some of the most common types of personal injury claims in the country.

1. Motor vehicle accident claims

Motor vehicle accidents are a leading cause of injuries in the country. Over 6.7 million accidents are recorded in the US annually according to data provided by the National Highway Traffic Safety Administration (NHTSA).

Many motor vehicle accidents occur as a result of negligent or reckless behavior of a party. Accidents may occur as a result of reckless driving, speeding, driving while under the influence of drugs or alcohol, defects in the car, mechanical faults and much more. These accidents can result in serious injuries and extensive property damage. Accident victims are required to prove negligence in motor vehicle accidents in order to recover financial compensation for their injuries and damages.

2. Medical malpractice

We trust healthcare professionals with our lives. We trust that they will provide us with care that will help to preserve our health. This is often the case. However, there are instances where healthcare professionals make mistakes. When they do, this can result in serious injuries to the patient.

Medical malpractice claims occur when healthcare professionals offer care that is below the expected standard of care that other healthcare professionals of similar training and experience in the region would have provided. Some common types of medical malpractice claims include surgical errors, prescription errors, failure to diagnose, misdiagnosis and child birth injuries.

3. Premises liability claims

Property owners are required by law to ensure that their properties are reasonably safe for guests or people that visit their property while performing legal duties such as in the case of mail carriers. Premises liability claims occur when the property owner or manager fail to repair or provide adequate warning of a dangerous condition on their property that could have been discovered through reasonable inspection of the property. Some examples of common premises liability cases include slip and fall claims, drowning accidents, animal attacks and injuries from falling objects.

Premises liability cases can be difficult to prove. The injured party must show that the property owner or manager knew or should have reasonably been aware of the dangerous condition and failed to do anything about it.

4. Workplace accidents

Employers are required by law to provide a reasonably safe work environment for their employees. However, accidents still do occur at work. The National Safety Council reports that there is a worker injured every seven seconds while on the job.

Employers are required by law to provide their workers with workers’ compensation insurance cover. Workers’ compensation is a no-fault system that is designed to provide workers with a financial cushion when they suffer injuries while at work. Unlike with other personal injury cases, workers do not have to prove fault when they file a workers’ compensation claim. However, they cannot file a personal injury claim against their employer when they receive workers’ compensation.

If the workplace accident was the result of a third party other than their employer, workers can file a personal injury claim against the third party. They can recover more financial compensation through this claim to cover damages that aren’t covered through workers’ compensation.

5. Product liability

Manufacturers are required to produce products that are safe for their applications. Product liability claims arise when products cause harm to consumers as a result of the negligence of the product’s manufacturers or other parties in the supply chain. The product may have a defect in their design, a defect that occurred during the manufacture of the product or may not have come with adequate warnings of the dangers associated with the use of the product.

Product liability cases can lead to big payouts. However, making and winning a product liability claim can be difficult. The victim must provide evidence to show that the defect in the product resulted in their injuries. They must also show that the manufacturer of the product (or other parties in the supply chain) was aware or should have been reasonably aware of the defect and did not do anything to protect consumers from harm. Litigating a product liability case can be resource and time intensive.

Consult an Experienced Personal Injury Attorney

If you or a loved one has suffered injuries as a result of the negligence of another party, you may be entitled to seeking compensation. Contact our law firm to consult with an experienced personal injury attorney and learn about your rights and options.

Personal Injury Omaha