Top Types of Personal Injury Claims
There are many different types of personal injury claims, though some are more common than others. One thing to keep in mind is that they have one thing in common: the claimant was injured because of the negligence or willful act of another. There are also a set of elements that must be proved for any successful personal injury claim.
If you were injured because of the negligence or willful act of another, contact a personal injury attorney for legal help. The injury lawyer will assess your accident and injuries and can discuss your legal rights.
Top types of personal injury claims
- Car accidents
By far the most common type of personal injury claim is car accidents. Thousands of car accidents happen across the United States every day and because settlements usually come from the at-fault party’s car insurance, there is a good chance of a successful claim.
- Medical malpractice
Medical malpractice is when a patient is injured by a medical professional because of negligent care. Sadly, it is estimated that 225,000 people die each year from some type of medical malpractice, such as failure to diagnose. It is the third-leading cause of death in the United States! Even though it is a common type of personal injury claim, only two percent of malpractice victims ever file a claim.
- Slip and fall
A slip and fall accident is literally when a person slips and falls and injures themselves because of the negligence of another. Slip and fall accidents are most common among the senior population but more than a million people seek care at the emergency room every year for a slip and fall accident.
- Wrongful death
Wrongful death is when a person dies because of the negligence or willful act of another. Car accidents are the biggest cause of wrongful death claims but medical malpractice and even homicide can be the cause of a wrongful death claim.
Defamation falls under two categories: libel, which is the defamation of a person, product, country or entity through publicly shared written or printed words and slander, which is the defamation of a person, product, country or entity through publicly spoken words, gestures, sounds or language.
- Assault and Battery
Assault and battery are actually two different things but they both occur because of the willful act of another. An assault is instilling fear on the victim that they will be injured. Battery is when a person intentionally physically harms another without their consent.
Elements in a successful personal injury claim
The four elements of a successful personal injury claim are:
- Duty to exercise reasonable care– In order to be liable for an accident or injury, a person or organization must have a duty to exercise care. Examples include a property owner, a physician or a driver.
- Failure to exercise reasonable care (negligence)– Next, a personal injury attorney must prove that the defendant breached their duty to exercise reasonable care.
- Causation– The third element that must be proved is causation. This means that there is a direct link between the negligent behavior and the harm caused to the injured victim.
- Actual damages suffered– There is no claim unless the victim suffered damages. Recoverable damages include: medical expenses, lost wages, pain and suffering, emotional trauma, loss of consortium, and disability.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!