There are many different kinds of personal injury claims, but not every situation will warrant legal action. To have a valid claim, you must be able to prove that another party is responsible for your injuries. This can be done in several ways, but the most common is to show that the other party acted negligently.
Negligence can take many forms, but it typically occurs when someone fails to take reasonable precautions to prevent foreseeable harm. This article covers some of the most common types of personal injury claims along with their respective requirements to be a valid claim.
The driver is the most obvious example of negligence in a car accident. If a driver negligently approaches another car and causes a crash, the other car’s driver is legally responsible for any damages caused by the accident. The car’s owner, however, is also legally liable for any damages caused by the driver operating the vehicle at the time of the accident.
If, for example, you are the one who gets in a car accident and the other driver was not operating the car as it should be, then you are legally responsible for any damages the other driver caused.
Medical malpractice is a common type of negligence claim and can involve many mistakes or omissions by a doctor. If your doctor diagnoses you with cancer and surgically removes part of your body to “cure” non-existent cancer, then they may be guilty of medical malpractice.
The same goes for other types of harmful or unnecessary surgery. Anytime you are unsure whether a situation falls under medical malpractice, you should consult a qualified medical doctor.
If a product fails to function as advertised, that counts as negligence. If you purchase a refrigerator that does not keep the temperature at which you need it, then that is negligence on the manufacturer’s part. However, there are some situations where neglect does not cover a product’s defect.
If the product was not tested properly and you are unaware of the defect, you can still claim that the product was defective and, as a result, damaged your goods. You can also claim that the defect results from the designer’s inability to engineer the product appropriately.
In a workplace injury, you might have a valid claim if you were hurt while performing work-related activities and where you performed those activities violated the law.
For example, if your work environment causes you to sustain workplace injuries, you might be able to claim that your employer is at fault. However, in a workplace accident, it is essential to distinguish between the person or persons who created the environment that caused the injury and the actual person who was injured.
If your boss is responsible for causing workplace injuries, you cannot sue them individually because you already won the lawsuit against the company. However, if your boss is accountable for creating a work environment that causes you to sustain workplace injuries, then you can sue that boss for damages.
A Good Attorney Should Be Able to Help With a Wide Range of Personal Injury Claims
There are many situations where a personal injury claim is unlikely to succeed. In these cases, you should consider hiring a workplace or product liability attorney to help with your claim. An attorney can help you file a proper claim and can also help you navigate the often complicated world of employment and product liability law.
Head over to www.wieandlaw.com. Their attorneys can help you with many types of personal injury claims, including Workplace and product liability lawsuits, Legal malpractice claims, and Medical malpractice claims.
You should contact an attorney immediately if you are injured on the job. In most states, there are time limits for filing claims. Your attorney will help you file the correct paperwork and will also help educate you about your rights and responsibilities as a worker.
Image Source: BigStockPhoto.com (Licensed)
Related Categories: Legal, Reviews