Things that Qualify as Personal Injury Cases
People sometimes suffer injuries due to another’s negligence without knowing that such injuries qualify as personal injury cases. This lack of knowledge about cases in which victims can sue and receive compensation has made many individuals miss out on their right to recover losses incurred as a result of the injuries they sustained or damages to their personal properties.
“Many incidents qualify as personal injury cases. However, victims are not aware most of the time that they can file a claim and get compensation,” says Attorney Ben Gideon of Gideon Asen LLC. Some of these cases qualify based on the factors surrounding them and primarily because a party was negligent.
Suppose you were injured or incurred damages on your property due to another’s failure to exercise care. In that case, it is ideal to consult with a personal injury lawyer for proper advice based on the facts of the case
Common Types of Personal Injury
Different incidents qualify as personal injury cases. Some of them include:
#1. Workplace Injuries
One of the typical events that can constitute a personal injury case is workplace injuries. Employees injured while carrying out a work-related activity may qualify for worker’s compensation. Aside from the workers’ compensation plan, an individual may be entitled to other compensation if the accident resulted from third-party negligence.
#2. Car Accidents
Car accidents constitute a large majority of personal injury cases. Where an individual suffers injuries or damages to properties due to another’s failure to exercise adequate caution, they may file a claim to recover the losses incurred.
The importance of hiring a personal injury lawyer before filing a claim cannot be overemphasized. A lawyer will help analyze the case and know the best choice to make to help your claim succeed.
#3. Dog Bites
Dog bites are considered personal injury cases in most states, although several factors must be considered before filing a claim. Generally, dog owners are held responsible when their pets harm a person. In that case, a person may file a claim for compensation for the injuries.
So, many conditions are also taken into consideration when deciding on cases like this. These conditions include:
- The one-bite rule: this legal principle comes into play once it is established that the owner is aware of the danger their pet poses because it has bitten someone in the past
- The strict liability law: this principle holds the dog owner liable even if the dog had not exhibited signs of aggression in the past
- The court can decide to award the claim to the victim once it is proven that the dog owner was negligent by not exercising control over the pet
However, where it is discovered that the victim’s negligence led to the bite, it may impact their claim and affect the compensation amount that will eventually be paid out to them. For instance, the owner may not be held liable if the harm was due to the victim provoking the dog or trespassing.
#4. Medical Malpractice
Medical malpractice is a personal injury case where a healthcare provider is held liable for injuries suffered by the patient due to mistakes. Injuries can result from misdiagnosis, incorrect medication and treatments, errors during surgery, and faulty medical devices.
In a medical malpractice lawsuit, the doctor, the healthcare facility, or the drug and medical device manufacturers can be held liable depending on who is found to be negligent. However, to successfully get compensation, there must be evidence of negligence. The victim will have to undergo several processes to prove their case, including involving other medical experts.
#5. Motorcycle Accidents
Motorcyclists are among the most vulnerable people on the road, and accidents involving motorcycles can be fatal. A motorcycle accident victim can file a personal injury claim if the driver is found to be at fault. However, it is vital to consult a legal expert before filing such claims.
#6. Defective Protective Gear
Some people work in an accident-prone environment and may need to wear protective gear. Some of the protective gears may be defective, making it impossible to protect people from the accidents they are trying to avoid.
For instance, a worker handling dangerous chemicals may wear gloves to protect their hands from chemical spills. However, there may be holes in the gloves due to manufacturing defects. Where the worker sustains injuries as a result of this, the manufacturer is held liable and will be required to compensate for the losses incurred.
#7. Slip and Fall
Some slip and fall accidents are due to the inability of property owners to maintain the property adequately. Individuals who sustain injuries from a slip and fall accident can file a personal injury claim to get compensation. However, the victim will need to provide proof that the owner knew about the property’s condition and failed to carry out the required maintenance needed to make it safe.
#8. Food Products
Some food products can cause significant harm to people due to the things used in producing them. For instance, some baby formulas have been discovered to cause infant necrotizing enterocolitis because of the use of cow milk in their production. The manufacturers of the food products can be held liable for injuries caused by the products if they are aware of the risks and fail to warn the consumers.
Bottom Line
Before filing a personal injury lawsuit, it is crucial to understand the facts and the processes involved. To have a successful case, victims will need the expertise of a personal injury lawyer.
