When Can You Sue a Business for Personal Injury
Obviously, a business must be able to provide its customers with a safe environment from the moment they enter its premises. Moreover, the business has an obligation to provide its customers with a reasonably safe environment.
Naturally, when any business fails to meet this obligation, and the result is an injured customer, the latter will probably be able to sue the business. Usually seen as a typical negligence claim, a personal injury lawsuit against a business can be made for most types of accidents, such as a slip, fall and so on.
Given that most people don’t know when they should actually sue a business for personal injury, we thought of providing you with the information required to take the right decision in such cases.
The Basic Elements of a Personal Injury Lawsuit
Any customer who has sustained an injury on a business’s premises must prove three basic elements that constitute a personal injury lawsuit. These elements are; the so-called duty of care owed by the business to the customer, a breach of the duty of care, and the harm that has been caused by the breach.
In the following paragraphs, we’ll detail each of these elements and also provide you with the types of evidence that you may use as proof in a personal injury lawsuit.
- Proving Duty of Care
As mentioned above, a business has to ensure that its customers are in a relatively safe environment as soon as they enter its premises. Naturally, this doesn’t mean that a business can be held responsible for all the injuries that customers might suffer.
Courts realize that businesses cannot prevent all injuries which may occur on their premises. In this respect, businesses must comply with a standard of reasonableness when trying to prevent any injuries from happening.
For example, they have to clean the premises regularly so that any slips and falls are avoided, create as well as follow a procedure for inspecting the premises for any defects which could injure customers. They must also warn anyone entering the building of wet floors or dangerous locations and repair crumbling or cracked pavements located near the entrance way as soon as possible.
Obviously, when a business fails to reach a standard of reasonableness and deal with the aforementioned any injured customer will be able to sue for personal injury.
- Proving Breach of Duty
A business is seen as breaching its duty if it fails to fulfill its duty of care and deal with any of the above issues which may cause injury to one of its customers.
For example, if a product is spilled on the floor, it must be dealt with as soon as possible. The business has to adhere to its cleaning schedule, and its employees must be able to organize their tasks in such a way that makes them capable of solving such problems in the blink of an eye.
It is a business’s job to take care of anything on their premises that might harm one of their customers or employees.
- Proving the Harm caused by the Breach
Naturally, the customer must be able to prove that a breach – resulting from a business not attaining a standard of reasonableness – has caused an injury.
The harm can have many forms with some of the most common ones being the cost of medical bills, pain and suffering, loss of earning capacity and the loss of the ability to enjoy any of life’s pleasures in the same way as before the injury.
It goes without saying that the injured person must prove that the injury was caused by the business’s inability to handle its breach. If a customer is not being careful and trips over their shoelaces or, simply put, harms themselves on the premises of the business, they cannot sue for personal injury.
The Bottom Line
If you are not sure enough whether you can sue a business for personal injury, then the main recommendation we can make is to rely on a personal injury law firm. They can guide you through the process of proving that your injury has been caused by a breach, as well as help you get the most out of a lawsuit.
Obviously, it is important to make sure that the business is to blame for your injury before considering a lawyer or a lawsuit. Employing an attorney and actually suing the business can be very costly and will also take a while to settle during which you will lose a lot of both money and time.
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How Much Can I Get For My Personal Injury Case?
Filing a personal injury case is a must if you want to get some money back for the struggle you have to go through. Whether someone has caused you to slip and fall, or was the cause for a car accident, they have to take responsibility for it.
However, it’s hard to assume how much you will get for your injuries, which is why you need to consult with competent personal injury attorneys. So how much are you likely to get?
What Can You Get Compensation For?
You’re aware that you must receive cash, but what for, exactly? Here’s what you may get compensated for:
- Property Loss – You’ve lost a car or any other item as a result of the accident.
- Medical Bills – If you have to go through treatment for your suffering, then you’ll get compensation for it.
- Emotional Turmoil – Aside from physical injuries, you may also suffer from emotional distress, and deal with insomnia, anxiety or depression.
- Pain and Suffering – The injuries you have as a result of the accident may cause pain and suffering for a long time.
- Loss of Enjoyment – Because of the accident, you’ve lost your ability to enjoy your normal hobbies.
How Much Can You Get?
How much you’ll receive depends on the severity of the situation. In other words, the more grave your injuries and suffering, the more money you may receive. Usually, people can receive from $3,000 to $25,000, but in some cases, even more than that. The latter could be for people who have worse impairments and required more medication and treatment to cope with their suffering.
Keep in mind there is no set price that applies to each case. The compensation is calculated according to the impact the injury has on you and your life from now on.
What Impacts the Outcome of Such Claims?
There are particular issues that you don’t have control over, and which can affect the way things settle after the claim. For instance:
- The Insurance Policy of the Defendant
If the defendant has an insurance policy, then the company won’t offer settlements that exceed the limit of said policy.
- The Injuries
How bad are your injuries? Will they require minimal medical attention, and you’ll be able to go back to living normally? Depending on how bad you were hurt, you may get higher payouts.
Conclusion
Personal injury cases can be difficult not only because you’re experiencing hardship or you might have lost things, but also because you deserve compensation. You’re bound to receive something to make up for your negative experience, yet it’s tough to tell an exact number.
Hire an attorney that has experience and is willing to put time into your case. This way, if you have been hurt and the quality of your life has been affected, you have the chance to get more money to make up for it.
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13 Mistakes People Make In Personal Injury Lawsuits
Most of the personal injuries in the United States are due to car crashes. If you, god forbid, suffer from personal injuries, you deserve fair compensation.
But no one is willing to pay the right compensation. It is an unfortunate reality that defense lawyers and insurance adjusters always search for mistakes. And, in case they find one, the immediately pounce on that to take advantage of settling for less.
This blog lists 13 mistakes that people usually make in personal injury lawsuits. Dig deep into the page for details.
1. Not Choosing the Right Attorney
The first thing is that you must hire someone who is licensed to practice in the locality. If you are in Los Angeles, you should only consult someone with a proven track record, such as WestCoastTrialLawyers about personal injury law.
Choose a Los Angeles trial attorney with long exposure in this specialized field of law. Also, make inquiries about their track record and how busy they are. This is because an extremely overloaded lawyer may not be the ideal selection. Read here for more.
2. Suppressing the Facts
Personal injury lawsuits have good and bad points. Never hide anything from your attorney. You must tell your attorney every detail; repeat every detail, about the case.
Your attorney represents you and works to win the case. So, never suppress anything, however trivial you think that to be. Also, do not give any false or fabricated information. This can entail disastrous results.
3. Talking About the Lawsuit
Many people may contact you to talk about the case and settlement. They could be anyone from insurance adjusters, risk managers, and defense lawyers.
But you should never talk with the people hired by the driver at fault. The most prudent advice is not to talk to anyone except your personal injury lawyer. Ask them to approach your attorney. This will keep you safe.
4. Discussing the Case on Social Media
People have a very strong presence on social media now. They have a habit of sharing everything on Facebook, Instagram, Twitter, and other social platforms.
Remember, that the other side is looking for facts against you. For this, they are likely to access your social media accounts. They play this dirty game to shake off their responsibility or at least to settle for less.
So never discuss the case or post anything concerning the accident in the social media. They may go against you.
5. Not Keeping the Key Evidence
Most of the people never treat the spot of the accident as a murder scene. But you must do so without fail. If possible, take many photos and videos using your Smartphone. Otherwise, get a professional photographer. For car accidents, take photos of the cars immediately after the crash.
Note down every detail of the spot. This must include if the street lights are on and if there is anything obscuring the view, and like that. Also, note down the direction of the sun. Moreover, speak to the eyewitnesses because they are not likely to help you after a lapse of a few months.
6. Signing Documents Without Consultation
Never, never, and never sign any document without consulting your personal injury lawyer. Forms related to personal injury case may have questions that trap you into giving contradictory information.
Moreover, a simple looking form may also contain declarations on waiving rights in fine prints. So, you must check with your attorney before signing any document related to the personal injury case.
7. Settling the Claim Too Early
The ideal scenario is to settle the claim after full physical and mental recovery. Make sure that medical diagnosis and the expected recovery time is final. Because chances are that you may have to continue treatment beyond this period. Remember, once you settle, you cannot ask for more.
In case this happens due to bad professional advice you may file a professional negligence case for recovery.
8. Not Telling the Pre-existing Injuries and Medical Conditions
Doctors inquire about the medical history for treatment. Disclose if you have a pre-existing injury and medical condition to the doctor. While these will not kill your lawsuit, acting otherwise will do.
Tracking your medical history is easy through social security numbers and insurance database. Disclosing these will make your case favorable.
9. No Regular Communication With the Attorney
Don’t think that your personal injury lawyer has your lawsuit in mind. This is practically impossible as he handles many lawsuits together. So, you must interact with him regularly. Often, speaking to the lawyer over the phone resolves many issues.
10. Not Asking Questions
When you involve in personal injury claim proceedings, many questions are likely to rise in the mind. Don’t think that it will be stupid to ask these to your attorney. After all, it is your claim and you have a right to know. Who knows that it will not open a new point in favor of the claim!
11. Missing Medical Appointments
Never miss a medical appointment. You should also follow their instructions. Failing to go on the day of appointment may raise questions about your injury. But attending the appointment means that you are working hard to recover. Inform the attorney if you are referred to another doctor.
12. Applying Too Late
Every state has its own personal injury law statute that gives a deadline. You can settle the claim or file a lawsuit within this specific period. As such, you should consult a personal injury attorney as early as possible after the injury to avoid delay.
13. Mistakes in No-fault Forms
Submission of these forms is necessary to get reimbursement for the service provided. You must fill this up very carefully. A simple and innocent mistake in the form can be critical and you may lose these benefits.
Conclusion
You must keep the above mistakes in mind. They have the power to throw your lawsuit out of the court. Some of these may seem to be unnecessary. Still, we suggest you be cautious about them. Mind, that remaining safe is always better than to be sorry afterwards.
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Busting Myths About Personal Injury Cases
Personal injury cases have a way of making the news and causing people to take sides. For instance, in the United States, the Kansas Supreme Court recently decided the state could not cap damages for “noneconomic injuries” in such cases. This is controversial, because business groups argue that decision allows civil juries to go wild and award too much money. Business interests are good at making that argument, but that doesn’t mean it’s based in reality. Here’s a closer look at three personal injury myths you’re better off not believing.
People are faking their injuries
It’s common to read about an injury suit and think, “Oh, it can’t be that bad.” But if a suit gets filed, chances are good that it is that bad.
For starters, people who say they’ve been hurt have to prove it. A judge or jury isn’t going to say, “OK, we believe you; here’s a million dollars for your trouble.” You’ll need testimony from doctors and medical professionals if, for instance, you say you have a traumatic brain injury after a car accident that was caused by a drunken driver. You’ll have to turn over some medical records as well.
Proving you’re hurt isn’t the only burden you must meet in a personal injury suit. You also have to provide compelling evidence that it was caused by someone else’s negligence or recklessness. In spring 2019, a federal court in California found Monsanto was negligent for failing to warn the plaintiff of the risk of developing cancer. The plaintiff in that case was awarded $80 million in damages. Most cases of cancer can’t be tied directly to something like spraying weed killer, but in this case, the jury decided the connection was strong enough.
Lawyers are ambulance chasers
Personal injury lawyers often have big marketing budgets. But that doesn’t mean they’re ambulance chasers who go around looking for people who are sick or injured. A few might do that. In the legal industry, just a few bad actors can give everyone else a bad name.
A reputable personal injury law firm wants to take on cases it has a chance of winning. But that’s true of any lawyer anywhere. In many cases, personal injury cases get initiated based on a suggestion from a friend or family member who says something like “You know, you might have a case here,” or “My cousin is a personal injury lawyer; he can give you a free consultation if you’re interested.”
Ambulance chasing isn’t just unethical. It’s also illegal in many cases. In Ontario, lawyers are prohibited from using “bait and switch” techniques to draw in clients. If a Toronto lawyer advertises a certain service, it must have some basis in reality.
The reward amounts are excessive
Some of the amounts awarded in personal injury suits are eye-popping. But multimillion dollar rewards get attention because they’re the exception, not the rule. And even a pretrial settlement of a few hundred thousand dollars can easily get wiped out by medical bills and expenses.
A major accident or injury alters your life in innumerable ways. It can leave you in a lot of pain. It can keep you from working or force you to find a new career field. The settlement or trial money is designed to help you get your life back together, and that process is going to look a little different for everyone.
Some people will use the money to enroll in an RN-BSN program that allows them to further their education and help others. Others may use the settlement on extensive therapy for post-traumatic stress disorder. If someone takes a vacation after receiving a settlement, that doesn’t mean they’re somehow unworthy. It means that the personal injury suit process is often long and always stressful. After it’s over, there’s nothing wrong with taking a breather.
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How to Choose a Tulsa Personal Injury Lawyer
If you suffered a personal injury whether it’s physical or mental you might want to consider hiring a personal injury lawyer. Maybe even a Tulsa attorney. Personal injuries can be devastating and getting retribution for the injuries can help your healing process.
Here are some things you can do to help you choose the best personal injury lawyer for your situation.
Look Around
After you’ve been injured you need to shop around for a good personal injury lawyer. Talk to friends and family while also searching the internet and reading reviews about different attorneys in your area.
Get Specific
Now it’s time to get specific. What does this mean? It means you need to look at lawyers who handle personal injury lawsuits on a regular basis. Personal injury cases are very complex and quite tricky so you need someone who really knows how to handle these types of cases.
Do Background Checks
When you have your short list of let’s say three personal injury lawyers you feel might work well for you, then you should check their background. You’ll want to find out if they’ve had any disciplinary actions filed against them.
Book a Consultation
After you’ve finished looking into the lawyer’s background it’s time to set up consultations. Meet with each potential lawyer and feel them out. This is where your instincts will come in handy. Make sure you have a list of questions ready to ask them. Such as how long have they been practicing and about how many personal injury cases have they handled. Also, what is their track record with those cases? If the attorney isn’t willing to divulge this information consider that a red flag and move on.
Make The Choice
After you’ve finished your consultation you’re ready to make your choice. Trust your instincts and go with the lawyer you feel most comfortable with.
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The role of accident victims in building a strong case for personal injury compensation claim
Regardless of the circumstances of car accidents that lead to personal injury claims, you must establish two aspects very clearly, the liability or who is responsible for the accident and the damages underwent. The law is clear that if you can prove that the other party was at fault that caused the accident and resulted in damages including injuries, then it makes a good case for claiming compensation for all damages including injuries, loss of pay and damage to property. Unless you can establish that the other party or defendant is liable for the accident and the damages and sufferings undergone, it does not make a case for seeking compensation. Only when you find the best Richmond, VA personal injury attorneys to take up your case that you can rest assured of a favorable outcome.
However, you must know your role well regarding what you must do after the accident so that all information necessary to build a strong case is readily available.
Note everything that happened
For filing a personal injury claim, you must gather extensive information from the accident site about the injury and its impact on your life. Since remembering everything is not possible, it is better to note down every detail about the occurrence like how the accident happened, the nature and extent of injuries and its effects on your life and livelihood. Do not miss anything that you feel can have an impact on your personal injury claim. If necessary, revisit the site to reconstruct the case.
Gather evidence
In addition to lodging a claim, you must prove to the insurance company whatever had happened by gathering evidence for substantiating your point. Witnesses are very important to strengthen your claim for personal injury compensation, and you must work actively after the accident to gather and preserve all evidence that point to the facts stated by you. Go back to the accident site and take photographs of the spot of accident and its surroundings that you feel worthwhile to establish your facts more convincingly. You might even find some people who could be ready to provide a witness to tell how the accident happened and its effects. Lastly, you must gather some physical evidence that makes it easier to explain things instead of only talking about it.
Document your injuries
Not only evidence about the physical damages but also those related to the injuries is equally important to demonstrate the nature and extent of health damage. Once again you must take photographs of the bruises, cuts, swellings and other affected body parts and go to a doctor for primary medical care who would record everything. The medical report becomes a critical document that you must obtain additional copies, at least two because it could have many other uses too. The medical record is the only document that helps to establish that the injuries resulted from the accident and did not exist earlier.
You must discharge your responsibilities well after the accident so that the lawyer has enough ammunition to build a strong case that fetches the compensation you deserve.
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California Personal Injury Damages
In the state of California, when a person suffers a personal injury, they are legally entitled to file a claim for damages. Generally speaking, there are a number of damages for which you can claim compensation. There are different personal injury cases that allow injured plaintiffs to collect certain types of damages.
Types of Personal Injury Claims
Personal injury claims can be divided into different categories. A person can suffer injuries as a result of an intentional act, negligence and strict liability. It’s important to understand each of these to determine the damages available to be claimed:
Intentional Torts: An intentional tort results in a personal injury that was inflicted on the victim deliberately or willfully. However, a person can also be found liable if they were willfully ignorant in their actions that led to the plaintiff’s personal injury.
Negligent Torts: The majority of personal injury claims are based on the theory of negligence. If the individual who caused an injury to another person owed them a duty of care and breached that duty, they can be found liable for the injury. The most common example of negligence in a personal injury case is a car accident in which a driver was distracted or driving recklessly, not following the rules of the road or the laws, and their actions caused an injury to another person.
Strict Liability: Strict liability is a type of personal injury case that results in a plaintiff suffering injuries while the at-fault party did not intentionally or negligently cause harm. Product liability cases are the most common examples of this type of personal injury claim.
Types of Personal Injury Damages
Special Damages
Personal injury claims allow for special damages for economic hardships suffered after an accident. These damages are meant to compensate the individual for money they lost due to being unable to work. They can also be used to compensate the person for medical bills and any future medical expenses. Additionally, special damages can even compensate for important daily expenses such as rent, mortgage, utilities, landscaping and more.
General Damages
General damages are those that compensate an injured person for any non-economic damages. For example, if a person has been permanently injured or disabled as a result of an accident, they can claim general damages for pain and suffering and mental anguish. It’s even possible to claim this type of compensation when the individual has lost a loved one as a result of the accident.
However, it’s important to note that it can be complex determining the value of general damages. For that reason, it’s wise to retain an experienced personal injury attorney who can accurately assess the damages suffered.
Wrongful Death Damages
Wrongful death damages can be claimed to compensate the loved ones of a person whose death was caused by an intentional or negligent act. The damages are awarded to pay for funeral and burial expenses, medical expenses that existed prior to the person’s death, financial hardship and emotional damages. The romantic partner of the deceased can also claim additional damages in a wrongful death suit.
Punitive Damages
Punitive damages are in a different category altogether, but can be claimed by an injured victim, if the court determines that the defendant’s behavior was especially bad. These damages are essentially awarded to a victim to make them whole again after they have suffered harm. In most cases, large businesses, particularly corporations, are ordered to pay punitive damages.
Laws Pertaining to California
There are certain laws in place in California that may affect a personal injury claim. They include the following:
Shared Fault: California is a state that has shared fault laws. This means if the plaintiff is found to be partly at fault for their injuries, they would receive a reduced amount of compensation than what they originally sought. For instance, if a car accident occurred when the defendant ran a red light but the plaintiff was traveling above the speed limit, the plaintiff might be found 10 percent at fault. If they were seeking $10,000 in compensation, that would be reduced to $9,000 as a result.
Injury Damage Limits: If a person was injured in a car accident but had no insurance, they are not eligible to sue for non-economic damages, even if the other person was at fault for the accident. On the flip side, if the plaintiff lacked insurance and the defendant was driving under the influence, the plaintiff can recover damages.
Dog Bites: In dog bite cases, California law states that the owner is strictly liable whether or not they knew their pet had a tendency to attack or bite a person. As a result, an injured person can receive compensation for their injuries.
If you have suffered injuries that were no fault of your own, you need an attorney to assist you in starting a personal injury claim. Discuss your case with a lawyer immediately.
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What are the Most Common Personal Injury Claims in the US?
Did you know that of the many reasons to visit an attorney, a personal injury claim is one of the most common? A personal injury can happen to anyone at any time, and the results can be extremely difficult for you to cope with. Explained as an injury that is caused by someone else’s negligence, it can go on to result in physical and/or mental injury that can last weeks, months, years, and even longer. This is exactly why victims of personal injury file claims and go after compensation, to cover medical bills, loss wages, and personal suffering.
So, what are the most common personal injury claims here in the US? Well there are a few that sit at the top of the list, and again these are injuries that know no bounds and can happen to anyone at any time, no matter how careful you may be.
Vehicle and Transportation Accidents
This first one likely comes as no surprise, as statistics show that 2.35 million people are injured or disabled due to a car accident each and every year in the United States. On top of that an additional 37,000 people die in road crashes each and every year. These are some rather grim statistics, and unfortunately show just how common a motor vehicle accident is.
Now, it’s also important to point out that not all accidents are necessarily serious. Even if you sustain just minor injuries that you recover from in a few weeks, the point is that there may still be reason to file a personal injury claim. If you require compensation, then a claim is necessary.
Injuries Caused in the Workplace
Another common personal injury claim here in the US relates to injuries sustained in the workplace. While these are more common in factory type jobs, injuries can happen anywhere, even in an office-type of setting. Remember, the injury must be sustained due to a person’s negligence, so this would be negligence on behalf of the employer.
Slip and Fall Accidents
Here’s another personal injury that attorneys are used to seeing – slip and falls due to a homeowner or business’s negligence. As discussed by a Colorado Springs Injury Attorney at Greenlaw Firm, these too can happen any time. For someone else to be at fault you need to be able to prove there were dangerous conditions that should have been remedied.
Dog Bites
Then we have dog bites, which can cause very serious injuries to a person that require quite a bit of recovery time and medical attention. According to the Center for Disease Control (CDC) in the United States, there are around 4.7 million dog bites each year, and of those, around 800,000 require medical care. This means about one in every 69 people here in the US will sustain a dog bite at some point or another.
A Small Look at the Claims
This is just a quick look at some of the most common personal injury claims here in the country, but by no means is this a complete list. Personal injuries due to another person’s negligence are more common than you may think.
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The Steps to Take if You Are Injured by an Impaired Driver
None of us wants to find ourselves in a car accident. Whether as a driver, passenger or pedestrian, car crashes can be terrifying experiences. It is because of the potential severity of these crashes that drivers are required to be licensed and to follow certain rules of the road.
One of the most important of these rules and regulations is the requirement to not drive while drunk, intoxicated or otherwise impaired. When drivers overlook this very important rule, they are putting themselves and others in harm’s way.
If you are injured in a car accident by someone who has been drinking, there are certain steps you can take after the event to ensure that you are compensated and justice is served.
Call the Police
The first thing you need to do if you are hit by a drunk driver is to call the police. Notifying them will generate a record of the incident, which will help when you are claiming insurance or compensation. Not calling the police doesn’t just let a drink driver off the hook, it will also deprive you of vital evidence going forward.
Even if you aren’t seriously injured and are able to walk away from the incident, you should still make sure that you let the police know.
Cooperate with the Police
After you make a report to the police, they will then need to conduct an investigation. As part of this process, they will need to interview you about the accident and gather as many details as possible. Accidents are often stressful and it can be traumatic reliving them again. However, it is important that you do your best to give investigators the details they need.
Make sure that when you are giving your account to the police, you don’t embellish or exaggerate your story. Stick to the facts and let them speak for themselves. If things are as simple as the driver was drunk and you have been injured, that’s more than enough for you to report it and seek compensation. There’s no need to make things seem more dramatic than they are.
Seek Medical Treatment
Even if you feel physically fine, you should still get checked out by a doctor. In car crashes where you experience a sudden deceleration, you can give yourself internal bleeding. This can be symptomless until you eventually suffer the ill effects of blood loss.
It’s also normal for a car accident to have a negative impact on someone’s emotional health. If you feel more stressed and upset than usual following a car crash, make sure you tell your doctor.
Seek Compensation
Whenever you are injured due to someone else’s actions, there is usually a good case for compensation. You will need to speak to a personal injury lawyer, preferably one that specializes in the type of injury you have suffered. For example, if you need a Jersey City law firm, Greenberg, Walden & Grossman are the perfect choice to handle your case.
None of us wants to have to experience the trauma of a car accident. However, it is something that could happen to any one of us and so it is important that we know how to deal with it ahead of time.
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What Constitutes a Personal Injury Claim? Everything You Need to Know
In law, personal injury describes any harm a person experiences resulting from another person’s negligent or wrongful behavior.
I’m sure you’ve seen the commercials or billboards for personal injury attorneys at some point. But what actually constitutes a personal injury case?
Personal injury law permits victims of personal injury to be compensated for injuries, expenses, and losses by the person or party who is responsible. A personal injury claim is, in essence, a negligence claim in which the accused is said to have failed in his or her ‘duty’ to exercise reasonable care.
“Most personal injury cases are governed by the law of negligence, which dictates the level of reasonable care that is owed from one person to another in a given situation, and the kinds of conduct that would amount to a breach of that legal duty, leading to liability for any resulting injury,” further explains an attorney at Mesriani Law Group.
Vehicle accidents, defective product claims, pedestrian accidents, medical malpractice, and slip and fall accidents are among the most common personal injury claims. Car accidents account for the most personal injury claims and include personal injury between cars, but also cyclists and pedestrians.
Though negligence is often the cause, weather can also be a factor. Slip and fall personal injury claims may be a result of negligence on the part of a property owner. An injury caused by a defective product that was being used as intended can also result in a personal injury claim. Medical malpractice, while often controversial, is injury which occurs in a medical setting. In medical malpractice cases, the injured party must prove the doctor or personnel did not provide competent medical services and caused the injury.
Assault as well as Intentional Infliction of Emotional Distress (IIED) are not a result of negligence, but rather, are intentional, and can qualify as a personal injury claim though most often they are classified as criminal cases. Though not an inclusive list, this should provide an ample understanding of what provides a personal injury claim.
Personal injury claims are based in three concepts – negligence, strict liability, and intentional wrongs.
Negligence results from carelessness or the inability to refrain from dangerous or harmful behavior. In negligence cases, the injured must establish negligence on the part of the accused person or party.
Strict liability holds designers as well as manufacturers liable for injuries incurred as a result of defective products. Strict liability differs from negligence in that the injured is not required to show negligence but rather to demonstrate the product was designed in subpar fashion making it dangerous when used for its intended purpose.
Intentional wrongdoing or intentional wrongs can also become personal injury claims, though they are not as common as negligence and strict liability. Intentional wrongs occur when one individual hits or pushes another, even in jest, and the person is injured. The injured party may be able to file a personal injury claim as a result of the injury incurred.
Personal injury, while often thought of as physical harm, also includes injuries which cause damage to an individual’s quality of life. For example, legally personal injury could occur if a colleague provided false information regarding another colleague’s qualifications damaging his or her opportunities for advancement or a new position, thus impacting income and quality of life.
When in doubt regarding personal injury and resultant claims, it is imperative for the injured party to contact an experience, well-qualified personal injury attorney to determine a positive course of action going forward.
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