What Classes As A Personal Injury?

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A personal injury results from another party’s fault. It includes physical and psychological injury or illness. Those who are seeking compensation or personal injury claim are called defendants. When the defendant lays blame on the individual or entity, the party is called cross-defendants.  

It’s important to identify what counts as a personal injury. Some of them won’t hold in the court of law unless your case is strong against the responsible party. 

If you want to know the basics of what a personal injury is, you can read at reputable sources online, such as Banville Law. After having an understanding of what personal injury is, take a look at the most common personal injury claims:

  1. Slip And Fall Accidents 

Cases that include this type of accident usually involve property owners who are responsible for keeping homes or the place of business safe for guests, customers, or clients. Not all slip and fall cases can file a civil complaint. First, the defendant must first establish that it’s truly the fault of the property owner. The questions that need to be asked include who the guilty parties are and if they’re truly guilty of the negligence.  

  1. Car Accidents

A car accident can cause the victim/s to suffer through severe injuries and medical expenses. If the driver responsible for the accident were driving under the influence or not following traffic rules, they would have to answer to injury claims. If the driver at fault has enough driver’s insurance, it’ll cover the needed expenses. 

An investigation will be launched by authorities to determine who’s truly at fault. Take note that there may be complexities, such as if both parties are responsible for the accidents. In this case, laws will vary by state.  

  1. Medical Malpractice 

Medical malpractice applies if a doctor or healthcare professional injures a patient through wrongful practice and falling below the standards expected of them. Medical malpractice can cause permanent disabilities that heavily affect the physical and psychological well-being of the patient. 

The following is included in medical malpractice: 

  • Misdiagnosis 
  • Failure to diagnose 
  • Birth injuries 
  • Pharmaceutical errors 
  • Surgical errors 

Patients can sue for damages but they’ll need to prove the existence of the doctor-patient relationship, the cause of the damage, and the medical practitioner’s negligence or failure to meet medical standards. 

  1. Dog Bites 

Dog bites can cause serious, devastating injuries and will need hospitalization. Whether the dog is owned by a family member, a friend, or a neighbor, you have the right to a personal injury claim. 

First, take good photos of the dog bite before treatment (it must be before the treatment so you can show it to Animal Control). Then, obtain the owner’s and witnesses’ contact information who saw the dog inflicting injury on you. 

When bitten, get treatment immediately, especially if the dog is from poor living conditions and then call animal control.  

  1. Occupational Injuries 

A good example is developing carpal tunnel syndrome, which is the leading occupational injury. When you, as the worker, have to perform repetitive tasks as part of your responsibilities, you can be eligible for compensation. Such tasks may include typing for hours, driving, cutting, or slicing. Developing carpal tunnel syndrome means you may be overworked. You’ll need to have a medical check-up if you’re experiencing numbness, tingling, burning of the fingers, and pain and shock-like sensations on your forearm to shoulder.  

In worst cases, occupational injuries may cause wrongful death. You may file a case against the party responsible at the workplace, even if it’s accidental. Surviving family members of the deceased may pursue the wrongful death case if proven that a loved one dies from negligence. In such a complicated case, seek the legal advice of the best attorney in your area.   

In Conclusion 

Depending on the laws per state, some personal injury cases may proceed to a legal battle or not. Do your due diligence and seek the assistance of a personal injury lawyer who’s well versed in this area. You must know your rights and pursue compensation if you feel that you’ve been wronged.

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