What Are Some Common Kinds of Personal Injury Claims?
Getting hurt in an accident for which you are not at fault is more than just frustrating. Depending on the severity of your injuries, it can also be detrimental to your physical and financial health.
Because of these repercussions, the law aims to protect those who suffer at the hands of negligent parties. This is covered through personal injury law, which allows you to file a claim seeking compensation against the person who caused your damages.
The first step to move forward with this process is to find a reputable attorney, like the ones at the firm of Jasmine Daya & Co. From there, your lawyer will work to understand what kind of case you’re dealing with; this will allow them to collect the right type of evidence and put together the most viable case. As you work with your attorney, consult the guide below, which highlights some of the most common kinds of personal injury claims.
Slip and Fall Accidents
A case is considered a slip and fall when the victim falls down and gets hurt while legally entering or visiting a property or grounds. So, for example, imagine you schedule a tour of an apartment complex with the leasing property. Upon arrival, the agent begins showing you around. While visiting, you slip and fall on an icy pathway because the property manager failed to salt the ground. In this case, you would have legal backing to file a claim against the property owner.
Other common examples include falling at public or private pools when signs weren’t posted, falling in a retail store or restaurant because the ground was wet, or getting hurt on private property due to uneven pavement, broken stairs, or improper floor maintenance.
If you get hurt or develop an undiagnosed illness while under the supervision and care of a doctor or medical professional, you’re dealing with a medical malpractice case. Depending on the circumstances of your accident, your attorney may file against a broad range of possible liable parties, including doctors, nurses, pharmacists, drug manufacturing companies, or even entire hospitals.
Common examples of this kind of case include doctors misdiagnosing or failing to diagnose an illness, surgeons leaving medical equipment inside the body during an operation, surgeons operating on the wrong body part or side of the body, doctors administering the wrong medications, and nurses failing to treat a patient in their care.
There are two kinds of motorist accidents you could be dealing with. The first is the case of two or more civilian drivers getting into a collision. In this case, you would file a claim against the liable driver for their negligence, be it speeding, texting and driving, driving under the influence of alcohol or drugs, or falling asleep at the wheel.
The second kind, which involves getting into an accident with a commercial vehicle (such as a semi-truck or 18-wheeler), is a bit more complex. In this case, it’s unlikely your lawyer will recommend going after the driver of the truck. Instead, they’ll first need to determine what caused the accident — then they’ll determine who should be held liable.
For example, if the accident occurred because the truck was improperly maintained and failed on the road, you would likely file against the vehicle’s owner. Conversely, if a part on the truck suddenly malfunctioned without any reason, you would likely file against the manufacturer of that part.
Once your attorney understands what kind of accident you’re dealing with, they’ll put together the best possible case for you. With their assistance, you should be able to recover the compensation needed to manage your physical and financial damages.