If you have suffered an injury due to the neglect or intentional act of another individual or entity, the Personal injury law, also called tort law, enables you to claim monetary compensation. However, not all personal injury incidents are liable for compensation. You must establish negligence in personal injury cases. The personal injury laws differ from state to state.
Types of Personal injury claims
Let’s check out which type of personal injury claims are eligible for compensation. You could claim for such things as property damage, medical bills, emotional distress, loss of earning capacity, etc.
- Medical Malpractice cases
If a patient suffered an injury because a healthcare professional did not provide appropriate care, this gives ground for a medical malpractice claim. You should delicately handle this complicated category.
- Dog Bite cases
Even though the rules differ from state to state, the owner of the dog is financially responsible in most dog bite cases. You should consult a personal injury lawyer in your area before filing the lawsuit.
- Car, truck, motorcycle or any other road accident cases
Road and vehicle accident cases are highly complicated and involve many conditional clauses. Only an experienced personal injury lawyer can advise you on your chances of winning compensation.
- Slip and fall cases
Premises liability laws are relevant in slip and fall cases. You should determine the premises owners liability, depending on the situation and the laws prevalent at the particular place. Also, not all slip and fall injuries are liable for compensation.
- Defamation of character
If you want to raise a claim for defamation of character, you must prove that the negative statements made against you were untrue, and you have suffered financial losses due to it.
- Injuries in school
Injuries and accidents in school could include injuries suffered in gym class, injuries due to school fights, injuries in sports activities in school, injury due to defective equipment in the playground, injury in daycare due to the negligence of care provider, etc.
- Injury during recreational activities
You must establish who is at fault in such cases. If an injury occurred due to the negligence of the recreational facility operator or due to damaged equipment, you are eligible for compensation.
- Assault and abuse cases
Negligence is not the reason behind such cases. They involve other person’s intention to harm and have the aspect of a criminal case.
About personal injury lawsuit
When one individual or entity is legally responsible for causing harm to other individual or entity, it gives rise to a personal injury lawsuit.
- A formal lawsuit that involves court proceedings
In this type of lawsuit, the person who suffered an injury formally files a lawsuit against the person or entity at fault. The person, who files the lawsuit also has proof of negligence.
- Out of court settlement
Both the parties, their insurers, and their lawyers informally settle most personal injury lawsuits. A formal lawsuit is not filed in such cases. A written agreement is signed by both sides after negotiating and settling for a common amount as compensation.
Personal injury cases are complex and should not be dealt with unless you have an experienced personal injury lawyer to take your side. You could also opt for specialized personal injury lawyers depending on your type of injury or the nature of your claim. LawTally connects you to the top rated personal injury lawyers near you.