What Are The Most Common Types of Personal Injury Claims?
February 3, 2023 | Personal injury
Reports by the US Centers for Disease Control and Prevention (CDC) indicate that over 100 million people seek emergency medical treatment for injuries they have suffered as a result of accidents annually. While some of these accidents are simply accidents, there are others that are result of the misconduct of other parties. When a person suffers an injury as a result of the misconduct of another party, they can seek compensation for their damages through a personal injury case. Misconduct here is a legal term that is used to describe negligence, carelessness or recklessness. Therefore the misconduct may have been intentional or unintentional.
Some of the most common types of personal injury cases filed annually include:
- Motor vehicle accident cases
Hundreds of thousands of motor vehicle accidents occur annually. Some examples of types of motor vehicle accidents that occur include:
- Automobile accidents which only involve passenger vehicles
- Motorcycle accidents which involve a motorcycle. These accidents are often catastrophic because of the lack of protection offered by the motorcycle.
- Pedestrian accidents which involve pedestrians and a vehicle. These accidents often result in catastrophic injuries for the pedestrian.
- Trucking accidents
- Ride share accidents
Motor vehicle accidents may occur as a result of reckless behavior such as speeding or drunk driving. They can also occur as a result of mechanical failure of the vehicle or poor road conditions. An experienced attorney can help you establish the root cause of the motor vehicle accident and who should be held liable.
- Medical malpractice cases
Healthcare professionals take an oath not to cause harm to those that seek their services. While many fulfill their oath, some fall short on this responsibility. Medical malpractice cases arise when a healthcare provider injures a patient by failing to provide them with the expected standard of care. Some examples of medical malpractice cases include:
- Misdiagnosis
- Surgical errors
- Childbirth injuries
- Failure to treat
- Delayed diagnosis
Unfortunately, medical malpractice often has life-altering consequences on the victims and their loved ones. However, proving a medical malpractice claim can be difficult. These cases are complex and often require the support of expert witnesses.
- Premises liability cases
Property owners are required by law to ensure that their properties offer a reasonably safe environment for guests to their properties. This means that anyone that is on the property legally has the right to sue the property owner or operator if they are injured as a result of dangerous conditions on the property.
Premises liability cases include:
- Slip and fall accidents
- Trip and fall accidents
- Swimming pool accidents such as drowning or near-drowning
- Dog bites
Property owners or operators are required to address any dangerous condition on their property that they should reasonably have known about. They can otherwise be held liable for injuries that occur while on their property.
- Product liability
Product manufacturers are required to manufacture products that are safe for their application. When consumers are injured as a result of using unreasonably dangerous products, the manufacturer or designer of the product can be held liable for their injuries. However, consumers must prove that the product had one of the following defects:
- A defect in design
- A defect that occurred during the manufacture of the product
- Inadequate warning on the dangers of the product
A product liability claim can be brought against the designer of the product, the manufacturer or even the distributor of the product.
- Workplace accidents
When an employee is injured at work they can seek workers’ compensation against their employer’s workers compensation insurance. Employers are required by law to carry worker’s compensation insurance coverage for their employees. This covers medical treatment, wages and other benefits for employees that are injured at work or while carrying out work related tasks.
Unlike other personal injury cases, workers’ compensation claims are no-fault claims. This means that the workers do not have to prove liability. They simply need to show that their injuries occurred at work or while carrying out work related tasks.
- Wrongful death claims
There are instances when a person dies as a result of injuries suffered during an accident caused by the misconduct of another party. When this happens, the survivors of the deceased can file a wrongful death claim and recover financial compensation for the damages they have suffered.
The types of damages available for a wrongful death claim will depend on the circumstances of the case. In many instances survivors are compensated for:
- Medical bills incurred to treat the injuries while the accident victim was alive
- Funeral and burial expenses
- Loss of source of income
- Loss of consortium or companionship
- Psychological trauma
Seek the Assistance of a Personal Injury Attorney
Proving a personal injury case can be time and resource intensive. You will have a better chance of success working with a personal injury attorney. Contact our law firm to schedule free consultation with an experienced personal injury attorney.
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