If you or someone you love was injured in an accident where another person was to blame, you may have a personal injury case. It’s important to understand what factors qualify as an injury that you could receive compensation for. Furthermore, the best way to find out more about this subject is to speak to a personal injury attorney in your area. In the meantime, here are a few facts about personal injury law and what qualifies.
Defining Personal Injury Law
Personal injury claims are often, but not always, based on an injury occurring due to the negligence of another party. We are all expected to perform our everyday duties. Things such as running errands or driving to work without causing any harm to those around us. Neglecting to be responsible while driving a car or using heavy machinery, could lead to another individual becoming injured. If the other party was truly at fault, they would be responsible for covering the cost of the injured party’s medical care and any other losses.
In a personal injury lawsuit, the plaintiff or the person who has been injured sues the defendant. The defendant is the person responsible for the injury. Personal injury lawyers seek to prove that the defendant committed the negligent or careless act that led to the plaintiff’s injury. Therefore, this proves that the liability lies with the defendant.
An attorney must look for justice on behalf of their injured client. Or in some cases, on behalf of the injured person’s family members. Justice is almost always served in the form of financial compensation. The individual or business found responsible for the injury will pay this. Most of these lawsuits can be settled outside of court. If a personal injury case goes to trial it goes to the civil court.
What Are the Most Common Claims?
When someone receives an injury or dies due to negligence, or carelessness of another, it falls under personal injury law. Here are some of the most common claims.
In an automobile accident, personal injury applies if a driver, their passenger, a bicyclist, motorcycle driver, or pedestrian is hurt or killed. Furthermore, this injury is due to a collision with a car, truck or other types of vehicle.
Medical malpractice occurs when a patient receives harm, injury, or there is a fatality due to the negligence of a healthcare provider. This can include the failure to properly diagnose a health condition, the use of an unsafe medical procedure or improperly treating an illness or injury.
Product Liability Cases
A product liability case is one where a recall for defective products leads to an injury, illness, or fatality. Furthermore, it applies when a medication causes issues not listed in the side effects.
On the Job Accidents
Any time an injury occurs on the job site, due to unsafe work conditions or poorly trained employees, a personal injury case applies. Furthermore, equipment not maintained correctly means the injured worker or their surviving family member has a personal injury case.
Vehicle Equipment Failure
Injured individuals, or their family members, can file a claim based on vehicle equipment failure if defective equipment led to an injury or death. These accidents involve a vehicle that has defective equipment such as tires, airbags, or seat belts that worked improperly.
Have you recently received an injury in an accident? Do you have questions about personal injury law? We can help you find the right lawyer to help you determine if your circumstances are severe enough to file a claim. Check out Locate Legal Help today for more details.