A personal injury claim is a legal case brought by an individual who has been injured due to the negligence or intentional actions of another party. The purpose of a personal injury claim is to seek compensation, also known as damages, for the harm that has been caused. Personal injury claims can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, defective products, and more.
In a personal injury claim, the injured party, also known as the plaintiff, must prove that the other party, known as the defendant, was responsible for the injuries that were sustained. This involves demonstrating that the defendant owed a duty of care to the plaintiff, that this duty was breached, and that the breach caused the plaintiff’s injuries. If the plaintiff is successful in proving these elements, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
It is important to note that personal injury claims are typically resolved through negotiations between the parties and their respective insurance companies. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome. A skilled personal injury attorney can help guide injured parties through the legal process and work to ensure they receive fair compensation for their injuries. Here are some of the most common personal injury claims that a personal injury attorney may handle:
1. Car Accidents
Car accidents are one of the most common personal injury claims. According to the National Highway Traffic Safety Administration, there were approximately 6.7 million car crashes in the United States in 2018, resulting in over 2.7 million injuries. Car accidents can cause a wide range of injuries, including whiplash, fractures, spinal cord injuries, and traumatic brain injuries. The cause of the accident may be due to a negligent driver, a defective vehicle or component, or poor road conditions.
A personal injury attorney can help individuals injured in car accidents by investigating the cause of the accident, determining liability, and negotiating with insurance companies for fair compensation. An experienced attorney can also help individuals navigate the complexities of insurance policies, medical bills, and lost wages resulting from the accident.
2. Slip and Fall Accidents
Slip and fall accidents are another common personal injury claim. Slip and fall accidents occur when an individual slips, trips, or falls due to a hazardous condition on someone else’s property. Hazards can include wet floors, uneven surfaces, poorly maintained sidewalks, or inadequate lighting. Slip and fall accidents can result in injuries such as broken bones, head injuries, and spinal cord injuries.
If someone is injured in a slip and fall accident, a personal injury attorney can help by investigating the circumstances surrounding the accident, determining liability, and negotiating with property owners or insurance companies for fair compensation. An experienced attorney can also help individuals understand their legal rights and responsibilities, as well as the obligations of property owners to maintain a safe environment.
3. Construction Site Accidents
Construction site accidents resulting from workers falling from heights or objects falling from heights are some of the most common personal injury claims in the industry. Elevated work areas such as scaffolding, ladders, and other structures pose significant risks for workers, who may fall and sustain injuries such as broken bones, spinal cord injuries, or head injuries. Additionally, workers may be hit by falling debris or equipment, which can result in severe injuries to the head or neck.
Injured workers who experience a fall from a height or get struck by falling objects can claim workers’ compensation benefits. They may also have a personal injury claim against a third party if someone other than their employer is responsible for their injuries. It is crucial for workers to get in touch with a personal injury attorney in such cases to ensure they get the compensation they are entitled to. Attorneys can help injured workers obtain the medical care they need, gather evidence, and negotiate with insurance companies to reach a fair settlement or represent them in court.
4. Dog Bites
Dog bites are another common personal injury claim. According to the Centers for Disease Control and Prevention, approximately 4.5 million dog bites occur in the United States each year, with about one in five requiring medical attention. Dog bites can result in serious injuries, including infections, scarring, and nerve damage.
A personal injury attorney can help individuals injured by dog bites by investigating the circumstances surrounding the injury, determining liability, and negotiating with insurance companies or the dog owner for fair compensation. An experienced attorney can also help individuals understand the legal responsibilities of dog owners, including leash laws and the need to prevent dangerous dogs from harming others.
5. Product Liability
Product liability claims occur when an individual is injured as a result of a defective product. Defective products can include anything from food products to medical devices to automobiles. Product liability claims can result in serious injuries, including burns, lacerations, and broken bones.
A personal injury attorney can be crucial for individuals injured by defective products. They can help investigate the circumstances surrounding the injury and identify any parties who may be liable, including the manufacturer, distributor, or retailer of the product. An experienced attorney can also determine whether there are any product liability laws that may apply to the case and guide the injured party through the legal process.
In addition, a personal injury attorney can help individuals understand the complexities of product liability law, which can be quite complex. This can include identifying relevant industry standards, government regulations, and product testing requirements that the manufacturer should have followed. An attorney can also help gather evidence to support the injured party’s claim, including medical records, product testing results, and witness testimony.
Should you file a claim after being injured?
If you have been injured due to the negligence or intentional actions of another party, it is generally recommended that you file a personal injury claim. Filing a claim can help you seek compensation for the damages you have suffered, including medical expenses, lost wages, and pain and suffering.
However, it is important to note that there are strict time limits for filing a personal injury claim, known as the statute of limitations. In many cases, the statute of limitations is two to three years from the date of the injury. Failing to file a claim within this timeframe may result in the claim being dismissed, meaning you would not be able to seek compensation for your injuries.
If you are unsure whether you should file a personal injury claim, it is recommended that you speak with one of our qualified attorneys at Miller, Montiel & Strano, P.C. We can evaluate the circumstances of your case and provide guidance on the best course of action. Contact us today for a free consultation.
Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.