Common Personal Injury Claims and How to Handle Them
When someone files a personal injury lawsuit, they’re seeking damages. Special damages are measurable costs that can be documented, such as medical expenses and lost income.
General damages are harder to quantify, such as pain and suffering. An excellent personal injury lawyer can help victims prove their claims using medical records, witness testimonies, and photos of their injuries.
Auto Accidents
The most common type of personal injury case is a car accident. An auto accident can be life-changing, whether a minor fender bender or a devastating collision.
Most of the time, auto accidents are caused by negligence. The law defines negligence as a failure to act with the level of care that a reasonable person would have under similar circumstances.
It’s essential to document the accident scene as soon as possible. Take photos with your phone or a disposable camera, and be sure to include skid marks and debris. Also, if you can move your vehicle, turn on the hazard lights or use any reflectors or flares in your vehicle.
Workplace Injuries
Workers working in a warehouse or using heavy equipment risk suffering back or neck strains. These injuries can also affect their heart and lung health. A car crash could injure workers who must drive for their job. These accidents may occur when employees travel between worksite locations, on a delivery trip, or run personal errands during their shifts.
Workers not adequately rested the night before a shift can experience mental and physical problems. These include decision impairment, lethargy, and low-sustaining energy.
Premises Liability
The owners and occupiers of homes, business establishments, or parcels of land are obliged to keep these properties safe for persons who visit. A hazardous situation on the premises can result in injuries with long-term consequences.
Generally, these claims involve a lack of maintenance and resulting accidents such as broken sidewalks, slippery floors, building code violations, unsafe elevators or escalators, faulty security or fire hazards. A person injured by these conditions may be entitled to compensation for their losses. A personal injury attorney Jersey City NJ can determine the compensation a victim can receive. They also assist with gathering evidence and filing a claim with the insurer.
Medical Malpractice
Personal injury cases involving medical malpractice are among the most intricate. These occur when healthcare practitioners make mistakes that leave patients with severe injuries that impact their lives negatively. These include surgical errors, birth injuries, misdiagnosis, and pharmacy mistakes.
Like other types of personal injury lawsuits, medical malpractice claims require that victims prove the defendant owed them a duty of care and that this breach of this duty led to actual harm. The specifics of what must be proven depend on the type of claim.
Many states have caps on the damages a medical malpractice victim can receive.
Slip and Fall Accidents
Accidents resulting from slipping and falling can be attributed to physical dangers on private or public property, such as a wet floor in a store or a broken step in an apartment. They can also be caused by human behavior or unsafe acts, such as texting while walking or ignoring torn carpeting on stairs.
If you fall, it is essential to seek medical treatment immediately. Every day you wait to get treated could weaken your legal case because the defendant might argue that your injuries are unrelated to the fall or are not as severe as you claim. It is crucial to provide pictures of the accident scene and any injuries you may have sustained.
Assault
While many personal injury claims are based on negligence, assaults can also be the basis for a claim. It’s important to know that an assault is a crime and requires criminal prosecution. Civil suits are separate from criminal prosecution and allow you to recover damages.
To constitute an assault, there must be a belief that the victim is in immediate physical danger. Moreover, the fear must be reasonable under the circumstances. For example, pointing a gun at someone, even if the weapon is not loaded or real, can be considered an assault.