If you have been injured because of the negligence of another person or company, you may be considering a personal injury claim. A variety of different types of personal injury claims exist, and determining which type of claim you have can help you better understand your options and chances of success.
Types of Personal Injury Claims
Some of the different types of personal injury claims include:
Perhaps the most common type of claim is the general personal injury claim. This classification includes car accidents, motorcycle accidents, dog bites and other types of claims that don't fall into another specific category. In these cases, the individual or organization responsible for the incident in question can be held liable for expenses related to your injuries. For example, if a driver failed to yield the right of way and caused a crash, he or she could be responsible for any injuries that resulted.
2. Product liability.
Product liability cases develop when an individual is injured because of a defective product. In most cases, product liability cases focus on the manufacturer or retailer responsible for distributing the unsafe product. For example, if you suffer serious burns because of a defective waffle iron, you may be able to file a claim against the manufacturer of the appliance.
3. Premises liability.
Property owners are responsible for ensuring that their property is reasonably safe for guests. Premises liability cases arise when someone is injured because of an unsafe condition on private or public property. In these cases, the defendant is typically the property owner or the party responsible for maintaining the property. For example, if you fall on a wet floor at a department store, the department store may be held responsible for any injuries you sustain.
4. Medical malpractice.
Hospitals, doctors and other healthcare professionals or facilities are responsible for following certain protocols when caring for patients. In cases where one of these individuals or facilities behaves negligently and causes harm to a patient, a medical malpractice claim may be filed. For example, if a surgeon accidentally leaves a surgical tool inside the patient during a procedure, the patient may be able to file a medical malpractice claim.
5. Wrongful death.
Wrongful death claims may be filed when an individual is killed because of the negligence of another person or a company. These claims are typically filed by the deceased person's relatives. For example, you may be able to file a wrongful death claim if a loved one was killed in a car accident caused by someone else.
6. Workplace injuries.
Certain workplace injuries may result in a personal injury claim. In many cases, employers are protected from these lawsuits by worker's compensation insurance. However, if your employer doesn't carry this type of insurance, you may be able to file a personal injury claim. Certain other situations may also allow you to bring a lawsuit against your employer even if worker's compensation insurance is present.
Consult a Personal Injury Attorney
If you file a successful personal injury claim, you may be able to receive compensation for a wide variety of expenses related to your injury. Examples of benefits you may receive include payments for past medical bills, estimated future medical expenses, lost wages, lost ability to earn and property damage. Depending on the situation, you may receive additional benefits intended to compensate you for pain and suffering.
If you are thinking about filing a personal injury claim, the first thing you should do is contact a personal injury lawyer. An attorney who has experience with these cases can help you understand the type of claim you have so you can make the right decisions moving forward.
