Tuesday, October 4, 2022

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What is a Personal Injury Claim and When Would I Pursue One?

Life is full of uncontrollable circumstances. You can rarely predict when an accident will happen or a mistake will be made that leads to someone getting hurt. It could happen at home, in the park, on the road, at work, or even during a social gathering. Even if you are a risk-averse person, you cannot control the actions of others.

Have you ever heard of a personal injury claim or lawsuit? It is a type of legal proceeding that allows people who have been injured a chance to cover financial losses that may have resulted from their injury. The basic premise of a personal injury lawsuit is that it holds another party responsible for the incident that led to the victim being hurt. 

Damages and Compensation

After the injury occurs, the victim may have experienced losses. That could include medical bills for the treatment of the injury, lost wages if they missed time at work during recovery, property damage if the incident caused harm to possessions, and even emotional pain and suffering. The law usually allows the victim to file a claim to recoup those losses via a settlement.

This settlement is usually paid by either the at-fault party or their insurance company depending on the type of incident. Typically, victims will need legal representation to give them a better chance of success, and that is where the Rosenfield Injury Lawyers could make a difference. 

So what incidents would allow an injured person to pursue a personal injury claim and win a settlement to cover their losses? 

Motor Vehicle Accident

One of the most common types of injury claims is a motor vehicle accident. This could involve passenger vehicles, commercial trucks, motorcycles, boats, or even electric bicycles. In many cases, the collision is the fault of one of the drivers involved. Maybe they cut you off in traffic or made an illegal U-turn. If their negligent behavior resulted in a crash, and you experienced an injury or vehicle damage in the accident, then you would have grounds for pursuing an injury claim against that driver.

Defective Products

If a company has produced or manufactured a product that is defective or functions improperly, it could be opened up to a lawsuit. Product recalls are a common response to defective lines of products, and they sometimes come about because someone is injured when they discover the defect. This type of injury claim could happen in any industry, from baby food to automobiles to vacuum cleaners. For this type of incident, the victim would have to prove that the product malfunctioned as a result of the production process and not because of user error. However, if you are injured because of the product being defective, then you likely have a chance of success in winning the case.

Medical Malpractice

This can be one of the most devastating reasons for filing a personal injury claim. When medical professionals make mistakes while administering care, they and their practice could be vulnerable to a lawsuit. Some of these mistakes could even be life-threatening, especially when major procedures like surgery are involved. In the worst cases, wrongful death may result from the negligence of the practitioner. However, medical malpractice can also happen when medications are defective, in which case the pharmaceutical company could be liable. If the incident results in damages such as medical treatment or ongoing therapy, then you can attempt to be compensated for your losses. 

Slip and Fall Accidents

While slip and fall accidents may be an everyday occurrence, the cause of them could be relevant to a personal injury claim, When you get injured on someone else’s property, either that of an individual, business, or government entity, then you may want to consider if negligent behavior caused your accident. Is the hazard that caused the incident temporary or permanent? How long the hazard has existed will determine whether the property owner could be negligent if they’ve known about the issue and failed to address it. A slip and fall could happen because of a spill, worn-down step, uneven surface, or slippery condition. 

Workplace Injuries

You probably know about workplace injuries and worker’s comp. But personal injury lawsuits can also be filed by employees if worker’s comp is not enough to cover the damages they experienced. Plus, if the incident happened due to negligence by the company or a boss, then they can pursue a settlement with a claim. Every year, the Bureau of Labor tracks illnesses and injury statistics in workplaces, which shows the high number of incidents that can occur. Insufficient safety training, poor working conditions, or management mistakes could all be grounds for filing a workplace injury claim.

Understanding Your Rights is Key

States may have different laws regarding personal injury claims, but in most cases, you have the right to pursue compensation if an injury is caused by another party. Sometimes, statutes such as comparative fault will come into play, but they still allow injured victims to have a chance of recouping their losses.

Depending on what state you live in, you should do some research about what circumstances would allow you to pursue compensation after experiencing an injury that you believe happened because of someone else’s negligence. Know your rights so that you won’t have to face financial struggles after an accident with no solution in sight. 

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