Accidents can result in significant injuries and property damages and this may only be the start of your losses. Suddenly, you’re struggling to keep up with everything from medical expenses to property repair costs.
On top of this, you may also be missing work resulting in your earnings taking a hit. You have a certain expectation of being able to recover compensation but this also means filing a personal injury claim. However, which type of claim are you filing? We’re exploring the different types of injury claims so you’re better prepared when it’s time to file yours.
Understanding Personal Injury Law
You’re probably aware of criminal law, especially if you’re a fan of crime shows. Personal injury law is another branch of the judicial tree and it covers just about any type of accident you can come up with.
Personal injury law is kind of like a giant umbrella covering all types of accidents. However, each type of accident doesn’t always follow the same legal guidelines. There are often little nuances that impact how the claim is filed, processed, and presented.
An example can be a strict product liability claim. If you’re filing a claim for an auto or slip-and-fall accident, proving negligence is a must. If negligence isn’t present, you probably can’t file a compensation claim.
However, negligence isn’t a factor in a strict product liability claim. You can skip this step and go straight to filing your compensation claim. This is only one instance of how personal injury law can vary depending on the type of accident claim.
Common Types of Personal Injury Claims
Now that you have a better understanding of personal injury law and how it impacts different types of claims, it’s time to look at the ones commonly filed by accident victims.
Vehicle Collisions
The National Highway Traffic Safety Administration (NHTSA) estimates around 6 million vehicle crashes happen annually. This makes vehicle collisions one of the most common types of personal injury claims.
Negligence is the cornerstone of these types of accident claims. You must show that the defendant owes you a duty of care, they breached this duty causing the accident and your resulting damages.
If you can’t prove negligence, there’s a good chance you can’t file a claim against the other driver. Some common causes of motor vehicle accidents are:
- Distracted driving
- Driving while under the influence of either drugs, alcohol, or both
- Speeding
- Reckless driving
If you can show the at-fault driver engaged in negligent behavior, you can probably move forward with your claim.
Slip and Fall Accidents
You can slip and fall at the grocery store, your favorite boutique, or any other public space. You can also slip and fall injuring yourself at a private residence or in the workplace. Yes, you must prove negligence in this type of personal injury claim, regardless of where the accident occurred. However, where the accident occurred can also impact who you file a claim with.
If the accident happens at your place of employment, it’s probably a workers’’ compensation claim. If so, negligence may not be a factor. Accidents happening at private residences are usually covered by the homeowner’s insurance. In public spaces, filing a claim can be a little complicated depending on who’s responsible for keeping the premises free from hazards.
In retail settings like a grocery store, the establishment’s owner is usually the responsible party. If it’s a public space like a park, you may be filing a claim against a government entity. Guess what, personal injury rules can differ when the claim involves a government entity as a defendant. The statute of limitations may be shorter and caps are often placed on settlement amounts.
Product Liability Accidents
You have a certain expectation of safety every time you purchase a product. If a product is defective, injuries can occur. Since proving negligence usually isn’t a requirement, you may believe this type of personal injury claim is easier to prove. Sometimes, this is true but it also depends on the type of product liability claim.
If the malfunctioning product is being widely sold across the U.S., the number of injured consumers can easily reach the hundreds. When this happens, your claim often turns into a class action lawsuit. If your case is successful, the court awards a specific sum that’s divided between the claimants. You may end up with a larger or smaller settlement than the original value of your claim.
When you’re the only one filing a product liability claim, the steps are the same as for any other type of personal injury case. Don’t forget, you can skip over proving the elements of negligence. This is a given in these types of accident claims since the malfunctioning product already proves negligence.
Medical Malpractice Claims
If you suffer an injury due to a medical error, you may have grounds for a medical malpractice claim. You will need to show the healthcare provider violated the standard of care. This legal concept is similar to showing negligence. You must prove the healthcare provider didn’t provide the same standard of care that’s shown by their colleagues.
An example is if a sponge is left behind in a patient after surgery causing an infection. A reasonable standard of care dictates that another surgeon would have removed the sponge before finishing up with the patient. Some examples of medical malpractice claims include:
- Delayed or inaccurate diagnosis
- Prescription errors either the wrong medication or incorrect dosage
- Surgical errors
- Injuries occurring during birth
These are only a few common examples of the various types of potential medical malpractice claims.
Are You Ready to File a Personal Injury Claim?
Knowing a little bit about the various types of personal injury claims can make it easier to classify yours. This way you have a better idea of the steps you should take to successfully settle your accident claim.
Regardless of the type of personal injury claim, it’s usually best to partner with an experienced accident lawyer. Even though the same law governs all types of accident claims, there are still nuances you need to follow.
