Common Personal Injury Claim Types
In the United States, people file millions of lawsuits every year. Personal Injury claims are the most common type of legal action that goes to court. Personal injury claims happen when a person is careless, negligent, or reckless and cause harm or injury to another individual or party.
When a person is injured or hurt due to any negligent action, he or she has a right to sue the party who is at fault to recover the damages that incurred as a result of the injury.
Personal injury claims include a broad range of actions that will allow the injured person to receive monetary compensation from a negligent person to reimburse the victim for damages due to the accident. Some types of personal injury claims are more common in today’s legal system than others.
Product Liability claims
An average of 20,000 product liability claims are filed each year. Product liability injuries account for about 7% of all personal injury cases. People will be injured due to the vast amount of goods available. Liability claims can involve anything from defective toys, unsafe medical devices, and even pet products.
Product liability cases have the second-highest average (approximately $300,000) in damages awards. Medical malpractice lawsuits have a higher median for compensation awards.
Slip and Fall Claims
Slip and fall claims are a common type of personal injury claim.
According to the National Safety Council, slip and fall accidents have accounted for the death of over 20,000 Americans and caused over 7 million injuries. A slip or fall can happen anywhere, the mall, at work, or at home. The elderly are more susceptible to a more severe injury after a fall. Slip and falls can be especially damaging to the hips, neck, or head.
Proving a slip and fall claim can often be harder than for other personal injuries claims. When property owners are neglectful to keeping the premises reasonably safe, those who are injured have a right to sue and collect damages for the accident or injuries that incurred while on the property.
Medical Malpractice is also a common type of personal injury claim. Medical malpractice occurs when a healthcare provider fails to provide patient care that meets an acceptable standard level of care, and the patient is harmed or injured as a result. The standard level of care is measured by the care that a reasonable professional of similar experience would use in a similar situation. To prove medical malpractice occurred the following must be evident:
- A patient- doctor relationship existed.
- The doctor was negligent.
- The doctor’s negligence caused the injury.
- The injury led to distinct damages.
- A failure to diagnose.
- Improper treatment was administered
- Failing to tell a patient of known risks.
A bad result does not always equate to medical malpractice. At times, adverse effects will occur in the medical field. Doctors do not have the ability to heal every patient. A victim must prove that their medical provider was negligent in order to receive compensation for injuries.
Medical malpractice is among the most challenging and complex types of personal injury cases. It will often require witnesses to testify regarding the standard of care that should have been exercised and how the breach of that standard of care resulted in the patient’s injury. For this reason, the injured party should seek the advice of a personal injury attorney who has experience in the area of medical malpractice.
Despite a slow-growing economy and unemployment rates, work-related injuries are some of the most common personal injury claims. Work-related injuries also include repetitive stress injuries such as carpal tunnel syndrome from typing or other repetitive hand movements, back injuries from lifting, and neck injuries from reading.
Work-related injuries are often unreported since employees are fearful of being fired. If someone is injured at work, the incident should be reported to the supervisor as soon as possible.
On average, there are over than 6 million vehicle accidents every year in the U.S. This figure includes injuries to drivers, bicyclists, and pedestrians. A reasonable explanation is that people spend lots of time in cars rather than walking.
It seems that distractions, primarily smartphone usage, while driving is largely responsible for increased road traffic injuries. An easy solution to prevent a distracted driving accident, even from someone who is addicted to their device, is to secure the device out of reach to avoid any temptation to check notifications while on the road. The notifications and calls can wait until the destination has been reached.
Contact an experienced personal injury attorney in Covington as soon as possible after an injury or accident and schedule a free consultation.