A Comprehensive Guide To The 5 Types Of Personal Injury Claims

Accidental injuries are among the most common reasons for needing emergency medical attention. In fact, according to data from the Centre for Disease Control and Prevention, approximately 131.3 million people visit hospitals for unintentional injuries. Most of these injuries are caused due to the negligence of another person and are liable for legal remedies.

Personal injury lawsuits

While the nature and degree of injury differ from case to case, accidental injuries can often lead to mounting medical bills. If you have sustained harm due to someone else’s misconduct, you can file a personal injury claim to recover for damages. Read this article to learn about the common types of personal injury claims.

What Is A Personal Injury Claim?

At the most basic level, personal injury is a legal theory used in cases where an individual sustains harm due to another person’s negligence. According to this legal theory, all citizens carry a duty of care towards fellow citizens. Any negligence that breaches this duty of care is liable to legal action and compensation.

When filing a personal injury claim, seeking the expert guidance of a qualified attorney is crucial. Getting in touch with a personal injury attorney in San Francisco or wherever you reside can ensure your rights are protected. While all injuries differ in nature, you may be entitled to compensation if you have sustained injuries due to one of the following circumstances.

Motor Vehicle Accidents

One of the most common personal injury claims are those that arise due to motor vehicle accidents. Several reasons can contribute to a motor vehicle accident. However, most commonly, these include factors like reckless driving, driver’s fatigue, and driving under the influence. In addition, motor vehicle accidents can be further categorized into:

  • Automobile accidents
  • Motorcycle accidents
  • Trucking accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Ridesharing accidents

Slip And Fall

Falling under the bigger umbrella of premise liability, slip and fall accidents are another common personal injury claim. Although primarily applicable to public establishments, slip and fall accident claims can also be filed against homeowners. All property owners are responsible for informing their guests about dangerous conditions that can cause them harm.

This may include slippery floors, swimming pools, broken railings, etc. Anybody who sustains injuries due to a fall caused by negligence on the owner’s part is entitled to compensation for damages.

Workplace Injuries

According to labor laws, all employers are required to ensure the safety of their employees in terms of working conditions. This is usually ensured by providing adequate protective gear and maintaining commercial properties to prevent accidents.

However, employees who may sustain injuries or harm while carrying out their professional responsibilities are entitled to worker’s compensation. These claims operate as employer insurance coverage that protects the worker’s economic rights in case of a workplace injury.

Medical Malpractice

Injuries sustained due to the negligence of a healthcare provider or during a medical operation fall under the category of medical malpractice. Since medical negligence is often life-altering, victims can seek compensation for financial, mental, and physical harm through medical malpractice claims. Some common categories of medical malpractice include:

  • Misdiagnosis
  • Delayed diagnosis
  • Childbirth injuries
  • Improper prescription
  • Surgical errors

Product Liability

Product liability claims refer to those cases where injuries are inflicted due to faulty manufacturing or defective design. Unlike other claims where negligence is the primary legal theory used to claim personal injuries, product liability cases can include strict liability and breach of warranty.  Known for their vast payouts, product liability claims are directly related to consumer protection laws.

Final Thoughts

Due to the very nature of personal injury claims, it is practically impossible to include all cases in one standard list. Instead, the best way to understand the validity of your case is to contact a lawyer and seek legal assistance.

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