Injuries typically happen suddenly and without warning. As such, it is best to stay prepared for these situations. Knowing what to do in case of personal injury can lead you to recovery by seeking early medical treatment and initiating a personal injury claim when the evidence is still fresh.
Keeping this in mind, this blog elaborates on the different types of personal injury claims and what you must do to win them. Have a read below.
Types of Personal Injury Cases
Personal injury is one of the most diverse branches of civil law. It has different types of cases, all with specific requirements and procedures. For instance, in a product liability claim, you would need to prove that the product was defective and the malfunction was behind your injury.
With that in mind, your injury’s specific circumstances will determine where it will fall. Below are the different types of personal injury cases:
- Product Defects- If you were injured by a defective product, say a microwave that exploded and burnt down your house, your case would fall under product defect personal injury claims. As mentioned earlier, to win such a case, you will need to prove the product malfunction and tie this problem to your injury.
- Car Accidents- If you were involved in a car accident that is another driver’s fault, you would file a car accident personal injury lawsuit. Here, you must show that the other motorist(s) was negligent and that their actions, or lack thereof, led to the accident and your injury.
- Medical Malpractice- If you suffered an injury at your doctor’s hands, you can seek compensation by filing a medical malpractice lawsuit. Here, you would need to prove that the doctor’s actions or lack thereof constitute malpractice and that they were the direct cause of your injuries.
- Slip and fall- Slip and fall accidents can be embarrassing and deadly. To win such a case, you would need to prove that the property owner was negligent in maintaining the establishment where the injury occurred and that their inability to keep the property led to your injuries.
- Animal attacks- If you sustained an injury at the hands of an animal, be it a pet or even an exotic animal, you would file a personal injury lawsuit against the owner. Typically, you must prove that the owner was negligent in controlling their animal, which led to your injury.
The Four Elements of Personal Injury Cases
“For the many victims that come by the office, we have found sheer negligence to be the root cause of the accidents that change their lives. Personal injury claims are designed to compensate these victims, punish the negligent party, and send a message of deterrence to the general community. The idea is to encourage people to be responsible in whatever they do, whether driving a car, designing a product, administering a service, or even caring for an animal,” says personal injury Attorney John Yannone.
All personal injury cases are governed by the same four concepts of negligence, which you must prove to win a claim. They are:
- Duty of care- First, you must prove that the other party owes you a duty of care. For instance, all motorists owe a duty of care to each other when sharing the road. The same applies to property owners, who must ensure the safety of people in their establishment, and professionals like doctors and product manufacturers to their clients.
- Breach of Duty- Once you have established that a duty of care does indeed exist, you must now prove that the defendant breached this duty. For example, a doctor’s negligent actions, such as misdiagnosis, can be classified as negligence, which is a breach of their duty of care towards the patient.
- Causation- Next is causation. Here, you must prove, with sufficient evidence, that the defendant’s actions were the direct cause of your injury. For instance, in a car accident case, you must use evidence to prove to the court that the other party’s negligent driving habits, like speeding, caused the accident that led to your injuries.
- Damages- Finally, you must prove to the court that you suffered actual damages due to the incident, the most significant of which is medical damages. Others include lost wages, earning capacity, consortium loss, etc.
Why You Should Work With an Attorney
Consulting with a qualified personal injury attorney is ideal if you are a victim of an accident that is no fault of yours. Look for an attorney knowledgeable about your case, be it a car accident, animal attack, or medical malpractice. They may be able to help in evidence collection, negotiating with insurance companies, and even hiring and interviewing witnesses.
Media Information:
The Umansky Law Firm
1945 E. Michigan St.
Orlando, FL 32806
(407) 606-8250
