Common Personal Injury Claims

Personal Injury Lawyer

Personal injury claims, our personal injury lawyer explains, can occur when a person suffers harm due to the negligence or intentional act of another. Our team from Pioletti Pioletti & Nichols will share with victims that while these accidents can take on many forms, a few types of personal injuries are more common than others. The following offers the seven most common personal injury claims and the steps toward taking legal action should you find yourself a victim.

  1. Car Accidents:

Car accidents are the most common type of personal injury claims. They can occur due to various factors, such as reckless driving, speeding, and driving under the influence. If you’re injured in a car accident, you should immediately report it to the police and collect evidence, such as photographs of the scene and witness information.

  1. Medical Malpractice

Medical malpractice cases occur when a healthcare provider fails to meet the established standard of care, resulting in injury or death. These are complex cases requiring expert testimonies. Victims should promptly document all details, gather medical records, and consult with a lawyer specializing in medical malpractice.

  1. Workplace Accidents

Injuries can occur in the workplace, especially in high-risk industries like construction. Workplace injury victims need to report the injury to their employer, get medical attention, document everything, and may need to file a claim with the workers’ compensation system.

  1. Slip and Fall Cases

Businesses and property owners have a duty to keep their premises safe. A slip and fall claim can arise when someone is injured due to dangerous conditions. Gathering evidence like photos, witness accounts, and medical records is vital to pursuing these cases.

  1. Product Liability

Product liability claims involve injuries caused by defective products. Manufacturers can be held liable if their product causes harm when used as intended. If injured, save the product and any packaging, seek medical help, document your injuries, and consult a lawyer.

  1. Dog Bites

Most states hold dog owners responsible for bites, regardless of the animal’s previous behavior. Victims should seek immediate medical treatment, report the incident to local authorities, and collect evidence, including photos of their injuries and witness information.

  1. Assault, Battery, and Other Intentional Torts

Unlike the other claims listed, these involve intentional harm. Victims should report the incident to the police, seek medical treatment, and gather all possible evidence, including photos and witness statements.

Steps to Taking Legal Action 

While the type of claim will influence the precise steps you should take, here is a general process for pursuing a personal injury claim:

  • Seek Medical Attention: Always get medical help after an injury. It establishes a link between the incident and your injury and provides essential documentation.
  • Document the Incident: Collect as much evidence as possible. This could be photographs of the scene, your injuries, witness statements, and any other relevant information.
  • Notify Responsible Parties: Depending on the type of claim, you may need to notify the person or organization responsible for your injury.
  • Consult a Lawyer: Seek the help of an experienced personal injury lawyer who can guide you through the process and represent your interests.
  • File a Claim: Your attorney will help you file a claim with the responsible party’s insurance company, or in some cases, with your own.
  • Negotiate a Settlement or File a Lawsuit: If a fair settlement cannot be reached, your attorney may suggest filing a lawsuit and going to trial.

Understanding the most common personal injury claims can be crucial in recognizing whether you have a potential claim. Remember, in the face of an injury, prioritize your health first, then collect evidence and seek legal counsel. Legal proceedings can be complicated, but with the proper steps and a competent lawyer by your side, it’s possible to reach a favorable resolution.