Most Common Types of Personal Injury Claims

Personal Injury
Dangerous city traffic situation with cyclist and car in the city in motion blur

  1. Did you know that personal injury doesn’t necessarily refer to physical injuries? In the legal context, personal injury refers to tort causes of action. It’s when people suffer physical injuries, psychological distress, or permanent disability.

These injuries can be a result of intentional or inexcusable acts by others. Inexcusable acts mean negligent acts that put others in danger.

Legally, injuries refer to any wrong or damage done to others, whether in their person, reputation, rights, or properties. People file personal injury claims against other people or entities that caused them to harm.

It can be due to intentional misconduct, reckless conduct, gross negligence, negligence, and strict liability. In this post, we’ll guide you through the different types of personal injury claims. Keep reading to learn more.

Car Accident Claims

Car accident claims are by far the most common personal injury claims. The U.S. alone experiences about six million car accidents every year.

These accidents leave about 3 million Americans with personal injuries. A majority of them are a result of drunk driving, speeding, or distracted driving.

Distracted driving has become the most common reason. More and more people are texting and using their phones while driving.

People involved in car accidents choose to file personal injury claims because most of them are negligent. Car accidents can involve cars, trucks, motorcycles, semi-trucks, buses, and even pedestrians.

Some car accidents can be hard to prove who was at fault. In those cases, it’s important to hire a personal injury attorney to make sure your legal rights are protected.

They talk to witnesses and scrutinize the accident scene to determine who was at fault. Most car accident injury claims find the drivers liable.

Slip and Fall Accidents

Some of the most deceptively dangerous accidents are slip and fall accidents. The problem with slip and fall accidents is that you never know what you’re going to injure when you fall. It could be your head, neck, back, arms, shoulders, or legs.

Falls happen to be the most common cause of hip fractures and brain injuries, so they can leave significant damage for the rest of your life.

After a slip and fall accident, most people are unable to go to work for a given period of time. Depending on the accident, some sustain permanent injuries that affect them their whole lives.

In these cases, filing a personal injury claim is the best course of action. Compensation pays for medical bills, lost wages, pain, and suffering, among others.

Having a professional attorney, such as this slip and fall lawyer, is necessary, especially for extensive or permanent injuries and disabilities.

Medical Malpractice

Medical personnel is required to deliver competent care at all times. When they instead deliver more complications to the patient, it warrants a civil claim.

Medical malpractice claims are some of the most complicated to prove. Having a professional personal injury lawyer who practices explicitly in this field is necessary.

Assault and Battery

With American society getting more violent, assault and battery are becoming an everyday ordeal. Gun-related assault injuries are especially growing in popularity. These are not classified as negligence tort but as intentional torts.

Assault injuries result when one person decides to intentionally hurt another person. Criminal charges accompany most assault injury claims.

Workplace Accidents

When an employee gets injured on the job, they file what’s known as a workers’ compensation claim. Workplace injuries can arise due to various reasons. These include insufficient training, malfunctioning equipment, or even unsafe working conditions.

When workers file a workers’ comp claim, the employer is required to compensate them. Compensation can be for medical expenses, missed income, and other expenses.

The construction industry has the most workers compensation lawsuits. Employers are required to provide benefits and offer them a lump-sum of money in case of permanent disability.

Product Liability

In the manufacturing industry, a lot of businesses strive to adhere to stringent laws. They take the proper measures and test the products before launching them in the consumer market. However, every so often, some consumers come across defective products that result in injuries.

When consumers encounter injuries due to unsafe or defective products, they’re allowed to file a legal claim against the products’ manufacturer or distributor. Depending on who is found to be at fault, one of them will compensate the injured consumer.

Premises liability claims are not very common, but they happened often enough to warrant being on this list. These involve injuries that occur on other people’s properties. It could be because there was a defective or dangerous situation that the person was not aware of.

They can happen anywhere, including the gas station, restaurants, the grocery store, the mall, a neighbor’s property, or a swimming pool. Premise owners are required to compensate injured parties.

Defamation Claims

Defamation claims are classified as emotional. They involve damaging somebody’s reputation, especially if the information goes public.

If somebody slanders you, you have every right to file a personal injury claim. You may encounter personal humiliation, disgrace, lost earnings, and business failure.

Dog Bites

America has become a pet nation, with dogs as some of the favorite animals. Despite being man’s best friend, some dogs can be vicious and at some point could attack and bite someone. You’d be surprised at the number of people bitten by dogs every year, with a lot of them ending up in the hospitals because dog bites can be dangerous.

In these cases, the dog owners are held liable, although this could vary with states. Some states have strict liability, where the dog owner is responsible for the attack. This is regardless of whether the dog has bitten someone before or has ever been aggressive in the past.

In other states, you’ll find that the dog owner is only held responsible if they knew the dog is dangerous. When a dog owner knows very well that a dog has the potential to attack and doesn’t prevent it, they are held responsible.

The problem with such a case is that some dog owners do not admit to knowing how aggressive or vicious their dogs are to escape the claim. For this reason, it becomes hard to get compensation, which makes it crucial to have a personal injury lawyer who will investigate.

Personal Injury Law: The Most Common Personal Injury Claims

They will file the claim and get you the compensation you deserve.

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