Personal injury is a common legal term that refers to an injury that occurred due to another party’s negligence or intentional actions.
When a person is injured, damages can occur as a result of those injuries. This can include medical expenses, loss of wages, or even property damage.
So, if you were injured, do you have grounds to file a claim?
According to the American Bar Association, in order to successfully be awarded a claim for personal injury, you must be able to prove both liability and damages.
Simply put, did you sustain any damages as a result of your injury? And was the defendant liable for your injuries? If so, then you have a case.
Types of Personal Injury Claims
While automobile accidents top the list there are several other circumstances in which you could file a claim for personal injury.
Medical Malpractice
Medical malpractice occurs when a patient sustains injuries resulting from a practitioner’s negligence or from errors in diagnosing, treating, or medicating a patient. When proving medical malpractice, you must show that the practitioner had a duty to care for the patient, that they deviated from providing the proper level of care, and that damages were sustained as a direct result of their negligence.
Slip and Fall
Slip and fall cases involve having sustained injuries resulting from falling on another person’s property. This is a type of premises liability case that involves going through legal proceedings. To prove a slip and fall claim, you must show that the property owner’s negligence created a hazardous environment and resulted in your injuries.
Product Liability
This type of personal injury case occurs when a company’s product led to injuries or health conditions. Common product liability cases that you may have heard of include talcum powder and weed killer. To hold a company liable for injuries resulting from their product, you must be able to prove negligence such as defects in products or packaging or failure to warn consumers about potential health hazards.
Wrongful Death
Wrongful death cases are filed when a party’s intentional actions or negligence resulted in a person’s death. This can occur due to incidents such as automobile accidents or medical malpractice. The plaintiff would need to be either the estate holder or a close relative to file a claim for wrongful death.
Workplace Accidents
Many different types of injuries can occur in the workplace with automobile accidents, slip and falls, electrocution, being struck by various objects, and overexertion being amongst the most common workplace injuries. If you can prove that your injuries resulted from your employer’s negligence, then you may have a civil case for a workplace accident.
Consult with an Attorney for Further Information
These are the basics behind personal injury claims and circumstances that can lead to civil lawsuits. However, laws tend to vary between states. That’s why it is important to consult an attorney in your area to discuss your specific case. For instance, if you live in California, you could contact an Oakland personal injury lawyer.
While these are the most common types of personal injury cases, don’t be discouraged if your injury didn’t make the list. Personal injury is a catch-all term and you could have a case involving a variety of incidents that led to injury from defamation to dog bites.
If you have been injured, sustained damages, and feel that another party is liable for the incident, it’s advisable to consult with a personal injury attorney and obtain legal representation. That’s the first step to obtaining the compensation that you are rightfully entitled to.
