10 of the Most Common Personal Injury Claims

Common Personal Injury Claims

Sustaining an injury because of someone else’s negligence can feel like salt in the wound. When you take your lumps in an accident, whether it be a car accident, slip, fall, dog bite, or any other type of injury that is not your fault, you’ll want to know your next move. 

One of the first steps is to contact a personal injury attorney specializing in these types of accidents. This attorney can represent you and help get you the compensation you deserve for the injuries and damages you have endured.  Schwartzapfel Lawyers is one such personal injury law firm that can help you.

A reputable injury firm cares not only about winning your due compensation but also about helping you move on from a traumatic injury. Not every type of personal injury is as apparent as falling on someone else’s driveway or falling victim to a fender bender. Here are ten of the most common personal injury claims. 

1. Medical malpractice

One of the most common types of personal injury claims is medical malpractice. Malpractice occurs when a doctor or other medical professional makes a mistake that causes injury, disability, or death.

Some examples would be if your surgeon left an instrument inside of you after surgery, causing health problems later on or if your baby was accidentally given the wrong blood type after birth and had to undergo multiple transfusions. Yet another example would be if an operating room technician failed to sterilize equipment properly and gave you Hepatitis C as a result.

2. Employment claims

If you have been injured on the job, you need to know what your rights are. In many cases, an employee can sue their employer for damages that they incur from accidents that occur on the job. In some states, employees may even claim workers’ compensation benefits if their injuries are severe enough.

Examples of accidents that might qualify include falling off a ladder at work and breaking your leg, being electrocuted by faulty wiring in a building where you work or falling while walking upstairs at work and injuring yourself internally.

In some cases, a dog owner is liable for injuries that their dog causes to another person. This liability might be the case even if the owner was not negligent in any way when they were handling or maintaining their dog. For this type of claim to be filed, it must be the case that the dog bit the injured party. However, sometimes dogs will attack people without being provoked in any way, and in these cases, it is possible to recover damages from a dog’s owner or possessor.

4. Wrongful death claims

A wrongful death claim is made when a person causes the death of another individual, but it was not intentional. Survivors of the deceased initiate wrongful death lawsuits.

5. Products liability claims

These types of cases are often called “defective product” lawsuits. When a company makes and sells a product that can injure or kill people, they should be held responsible. This accountability means that if someone is injured by using a defective product sold to consumers for personal or household use, that person may file a claim against the manufacturer or distributor of the faulty product.

6. Slip and fall claims

When you slip and fall on another person’s property because of hazardous conditions such as wet floors or poorly maintained stairs, you can file a claim against the owner of that property. This statute might be valid even if you were trespassing on their property at the time that you fell. 

However, in most cases, if someone is injured on another person’s property without their permission to be there, they cannot recover damages unless it was an emergency in which the trespassing party had no choice.

7. Construction injuries

This type of personal injury claim is typical in the case of construction sites. People who work on construction projects can be injured due to carelessness and negligence, and they may file a workers’ compensation claim if their injuries happened because of this lack.

However, those who visit or otherwise deal with construction sites and suffer injuries may also seek damages from the site owner. For example, say that you were walking down some steps at a new building site when someone dropped something heavy from above you, and it fell on your head. You could sue that person for damages resulting from your head injury.

8. Watercraft injury claims

People who are injured by other parties can seek damages from them for their injuries. That includes people who are hit by motorboats, sailboats, jet skis, or other watercraft. Victims may also claim if someone other than the watercraft owner injures them, as long the victim can prove that the other party was negligent in their actions at the time of the injury.

9. Assault claims

If someone physically attacks you with fists, hands, feet, teeth, or another type of weapon, you can sue them for damages. Your damages may include medical bills to treat the wounds caused by the attack, pain and suffering resulting from it, and any other related problems, including loss of income or earning potential.

For example, if someone punches you in the face at a bar while drinking too much alcohol, then you can file a lawsuit for assault against them even though they may already be facing charges for battery. However, if you are convicted of criminal assault, this conviction will usually prevent you from using the other party involved in the altercation for civil damages.

10. Defamation claims

This claim may be related to either libel or slander, but it is related to the other party’s false statements about you causing damage to your reputation. You can file a defamation claim against someone who makes defamatory comments against you in writing (including print media), but it must be proven that the defendant defamed you and that they knew what they were saying was false. 

Slander involves only spoken words, so if someone says something untrue about you that damages your reputation, then you can sue them for defamation if their statement was exceptionally malicious or knowingly false. However, sometimes even truthful statements may give rise to a defamation claim because these are considered an opinion rather than fact.

Conclusion

These are just a few of the many types of personal injury claims that exist. Suppose you have suffered an injury due to the carelessness or negligence of another person. In that case, you should contact an experienced attorney who can help you figure out what options you have for seeking damages and how best to move forward with your case.