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Home » Blog » Types of Personal Injury Claims Everyone Should Know
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Types of Personal Injury Claims Everyone Should Know

By Legal Desire 8 Min Read
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Accidents and injuries happen all the time, and if the reason for them is somebody else’s negligence, then you cannot let it pass. Especially if the accident’s result profoundly affected you physically, emotionally, and mentally. That’s why you need to know your rights under the personal injury law.

Personal Injury Law or otherwise known as Tort Law is composed of a wide array of claims that basically relates to compensating the injured party by the opposing party who caused the accident. Compensation comes in the form of financial payment to cover the medical bills, loss of income, and physical and emotional distress caused by the incident.

What Personal Injury Law Covers

Generally, the insurance company that covers the defendants will try to minimize the injury claim and that’s where you’ll need your legal representatives to ensure that your rights are protected. However, it is important to know your rights and the compensation that is due to you.  The law covers a vast range, and you need somebody to represent you with sufficient experience handling a specific case with the same circumstances as yours.  Here are some of the most common types of claims under the tort law:

  1. Vehicular Accidents

Each year there are over two million car accidents reported in the United States with thousands ended up with fatalities. Injuries involving motorized vehicles, either if you’re driving or the passenger, you are entitled to monetary compensation. This is for the injury which could incur some medical bills and therapy, and the loss of income due to the car accident. This also includes personal injury claims with pedestrians, cyclists, and other non-motorized vehicles.

The other party’s negligent and dangerous driving behavior may be due to speeding, drunk driving, and distracted driving. The lawyer must be able to gather admissible evidence to support the claim and hold the other party accountable.  

  1. Medical Malpractice

Medical malpractice is when a patient suffered injuries due to the negligence of the attending medical practitioner. There are different types of medical malpractice which arises from:

  • Misdiagnosis
  • Improper Treatment
  • Surgical Errors
  • Pharmacy Errors
  • Mistakes in the Medication

It’s important that you’ll be able to talk to a personal injury lawyer specialized in this practice. Reading through their portfolio and details on their website will help you gain the information you need for selecting your representation. Having them at your side will make it easier for you to navigate through this complex body of regulations. They can assist you in finding a medical expert to testify on how there was deviation(s) to the standard practice and how it led that led to sustained injury or death.

This specific personal injury claim is one of the most complex to handle, so it’s imperative to look for a lawyer with enough background and experience in handling such cases. You may verify their credentials using legal directories and checking ratings and reviews from past clients they represented. 

  1. Property Liability and Slip & Falls

Property liability or premises liability is when you incurred injuries within the commercial premises of an individual or entity because of the lack of safety or negligence on their part. It can occur anywhere, whether you’re in the grocery, gas station, restaurants, hotels, etc. where a variety of hazardous conditions developed which resulted in harm.

It’s important to get skilled and experienced premises liability lawyer to help you navigate the intricacies of your case. The lawyer must firmly establish that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it.

Slip and Falls are common incidents in this type of cases and it’s important to document the conditions in the incident. This can help you and your attorney to identify your legal rights and the policies that were violated by the owner or the responsible entity.

  1. Workplace Accidents

These are accidents that happen in the workplace, especially during work hours, that have resulted in physical harm one way or another. In Illinois, when an employee is killed or injured, the injured party must file a claim under the Illinois Worker’s Compensation Act. This will require the employers to pay for medical bills, disability (temporary or permanent), and a lump sum payment.

Consulting with a legal expert will ensure the protection of your rights and will guide you in the process of filing under the Worker’s Compensation Act.

  1. Defective Products

There are a lot of incidents wherein dangerous or defective products have caused harm to certain individuals. Also included here are insufficient or improper warnings about the product in the manuals or labels. This could be food products, consumer goods, children’s accessories, drugs, medical devices, and toxic materials that have caused direct harm to the individual.

 

Businesses, manufacturers, or government entities are usually responsible parties to which an individual can file the lawsuit.

  1. Wrongful Death

This applies when a person is killed due to an individual or entity’s negligence. This type of case may rise up from the other types of personal injury claims listed above, which has resulted in a person’s demise. Usually, the surviving family will file for the lawsuit to allow for the recovery of damages that is distinct from those who just suffered non-fatal injuries.

  1. Other Types

There are also other types of personal injury claims that can be categorized into the types or more. This may include aviation or boating accidents, food poisoning in a restaurant or other food establishments, burns, spinal cord injuries, and other harmful accidents.

 

If you think you or your loved ones have suffered any injuries caused by the incidents above, you will need to consult with a legal expert to discuss your options to get maximum recovery. The injuries may range from bruises and cuts to life-altering conditions or even death, so it is within the bounds of the law that you seek compensation. This could help you or the surviving loved ones to move on and get back up again after the unfortunate event.

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Legal Desire July 11, 2020
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