Most people don’t think much about personal injury law until they have a claim. The fact is, most people never have cause to file a lawsuit for personal injury. However, when the cause for a claim arises, there are many things to consider. One is that there are different types of claims.
When talking to an expert from SteinLaw, they said, “There are several different practice areas within personal injury law. Some may even require specialized representation because of the complexity or unique issues associated with the case. That’s why claimants should look into an attorney’s history and areas of expertise. Finding representation with the necessary background and knowledge can make a significant difference.”
What should people know about the types of claims that may arise? This post will explore different types of injury claims and some issues relevant to each category.
Automobile Accidents
Injuries involving automobile accidents are a good place to start because they are the most common type of personal injury claim. From a simple rear-end accident to multi-car pileups, the potential for injury is high. Common types of car accident injuries include fractures, lacerations, whiplash, and concussions. In severe cases, the individual may suffer life-altering damage like spinal cord injuries, amputations, or severe TBI.
While car accidents are common, there is a lot to consider with these types of claims. If one driver is obviously at fault, that may simplify things. However, many collisions have issues proving negligence, recklessness, or comparative fault. In some cases, the injured party might also need to file a lawsuit against their insurer for denial of a claim. If one party to the accident was a pedestrian or cyclist, that may introduce additional questions.
Injuries from Animal Attacks
An animal attack could lead to injuries that require a legal claim. The vast majority of these cases are from dog bites. Things like puncture wounds and lacerations are common in animal attacks. Some dogs may bite hard enough to cause a fracture. In some cases, it might not even be directly from the animal. For example, if a person suffers an injury from falling while trying to escape, that could also be part of the claim. Questions concerning the owner’s handling of the animal may be relevant. The case might even be stronger if the animal has a history of aggression or previous attacks.
Premises Liability Injuries
With premises liability, you’re talking about claims that occur on someone’s property. The basic idea is that a property owner has a duty of care to ensure the safety of visitors. If they are negligent or fail in that duty in some other way, they could be held liable for the resulting injuries.
Common premises liability claims include slip-and-fall injuries, swimming pool injuries, defective stairs, falling objects, and more. For example, property owners have a responsibility to clear snow and ice from walkways on their property. If they fail to do this in a timely manner, they could be liable if a person slips and falls on the ice.
Workplace Injury Claims
Employers also have an obligation to provide safe working conditions for employees. However, there may be incidents where the employer fails to maintain equipment or the premises. In these cases, the employee may have a claim for workplace injury. With these claims, there is also the question of workers’ compensation claims. Typically, workers’ compensation will pay benefits regardless of fault. However, if the claim is denied, the worker may need assistance from an attorney specializing in workers’ compensation law.
Product Liability in Personal Injury Law
These types of claims involve people being injured by dangerous or defective products. However, there is a significant variety in product liability claims. The claims may involve manufacturing defects, design defects, inadequate warnings, lack of instructions, and more. The specific issue may guide an attorney’s approach to the claim. There may also be the question of whether the individual was using the product as intended or in a way that could have been reasonably foreseen.
A common type of product liability might involve faulty car parts. For example, a poorly designed or manufactured tire could cause accidents that lead to injury. Or it could be a product that generates heat, causing a surface to become dangerously hot. A failure to place a warning label could put the manufacturer at fault.
Product liability claims can also face complex issues concerning fault. For example, it isn’t always just the manufacturer who is at fault. It could also be parties like distributors and retailers. If a manufacturer makes a product for a specific purpose and a retailer sells it for an unintended use, the manufacturer may have reduced liability, with most or all fault going to the seller.
Injuries from Physical Assaults
Incidents of assault may lead to civil and criminal proceedings. Victims of assaults may file lawsuits to recover damages for injuries, medical expenses, lost wages, and psychological damage. While the perpetrator may be the obvious party to sue, other parties may be liable. For example, if you’re at a business and they failed to provide adequate security, you may have a premises liability claim against the owner. An attorney can help you recover damages as well as prepare for handling criminal cases associated with the incident.
Finding the right representation can make all the difference if you have a personal injury claim. Lawyers can use their experience and specialized knowledge to protect clients’ rights. Additionally, they can also ensure clients receive the full compensation they deserve.
