What is Considered to Be a Personal Injury?
June 10, 2021
Injuries and accidents are a common occurrence, and most of the time, we shrug them off. There can be many causes of an injury. Some aren’t in anyone’s control, such as those that involve natural forces like storms and floods. Some injuries and accidents occur due to our own negligence. We’ve all accidentally cut ourselves in the kitchen, haven’t we? Yet, there are some injuries and accidents that third parties cause. They might occur due to the said third party’s negligence or malicious intent. In either case, in the U.S.A., individuals can be eligible to sue for the same. After all, an injury can cause major inconvenience, pain, or worse, even disability. Such injuries are referred to as “personal injuries.” Personal Injury Law or the “Tort” Law allows a personal injury victim to be eligible for benefits. However, it is advisable to consult a lawyer specializing in personal injury law as the accused party might lawyer up. You can even contact firms specializing in personal injury law, such as the Flagler Personal Injury Group.
Various Types of Personal Injury
There can be many kinds of personal injuries. However, most of them can be placed in the following categories:
Slip, and Fall:
Slip and Fall incidents are perhaps the most common personal injury cases. Owners of private property are bound by law to keep it free of hazards. Sometimes, however, due to the negligence of property owners, accidents happen. The most common type of accident is the slip and fall, which usually occurs because of slippery ground. Property owners are bound to either ensure that the ground on their private property is not slippering or put up a caution sign to warn individuals. If you slip and fall on unkempt private property, you are eligible to sue. The nature of benefits you can get if you can prove the property owner’s negligence can vary depending upon the situation.
Motor accidents can cause serious injuries or, at their worst, can even prove deadly. Injuries caused by motor accidents can also come under the Tort law. Depending upon the severity of injuries and the exact nature of the accident, these cases can become full-fledged criminal cases. Motor accidents usually occur when traffic rules are not followed, and either one or multiple parties are at fault. If you find yourself on the receiving end of such an accident, you are eligible to sue based on the exact nature of the injury and the context. However, some states in the U.S.A. are called “no-fault” states, where the victim has to be compensated by their insurer. However, exceptions may be made depending upon the severity of the accident.
Sometimes, the treatment provided to an individual by a hospital or a doctor may not meet the standard or harm them. There have also been cases where patients have died due to the negligence of healthcare professionals. However, such cases are dealt with as full-fledged criminal cases. But if you are harmed or injured in any way due to the negligence of a healthcare professional or a hospital, you can sue them for benefits. The outcome of the case will probably be decided on the factors that led to the situation and the severity of injury caused.
Dog attacks and dog bites can also lead to personal injuries. In these cases, the court can ask the dog owner to compensate you and even order the dog to be put down. Thus, it’s recommended that you ask for benefits but request the judge not to put the dog down. A dog owner will most likely be willing to settle out of court to save the life of their dog.
Premise Liability Claims:
Slip and Fall cases can be placed under the larger category of premise liability claims. If an injury occurs on private property due to the property owner’s negligence, the injured individual can sue for damages. Instances that can come under this category might include mishaps involving objects such as furniture, accidents caused by the failure of property’s structural integrity, etc.
Consumer Products Liability Claims:
If the consumer products that an individual has purchased have caused them a personal injury, they can sue the company or brand for benefits. These can include medical complications caused by faulty or damaged products.
These categories are just the tip of the iceberg. If you feel that you have been injured due to the negligence of a third party, it is recommended that you book an appointment with a lawyer. A lawyer can determine whether you have a case or not and guide you through the whole process of suing for damages.