Most accidents, whether a car accident or a slip or fall, usually result in personal injuries; the severity of the injuries could range from minor to fatal. Also, the severity of your personal injuries could determine the type of claim you bring against the defendant. Several states in the U.S. use the no-fault system, where you have to seek damages from your insurance provider.
If you have sustained any injuries in New York, you can only file a suit against the liable party if your injuries pass New York’s serious injury threshold. For instance, serious injuries in New York occur when the accident results include death, fracture, loss of fetus, permanent loss of a body organ, and significant limitation of use of a body part.
Here are the common types of personal injury cases:
Motor Vehicle Accident
There are millions of car accidents each year in the United States, most of which result in a personal injury claim. A motor vehicle accident claim is usually a means of recovering damages from the driver at fault. If you suffer injuries in a motor vehicle accident, whether as a driver, a pedestrian, or a commuter, you have the right to pursue a lawsuit to recover damages from the negligent driver.
Slip and Fall Cases
Slip and fall cases often occur in places such as shopping malls and gas stations. Landlords and proprietors of buildings have a duty of care to ensure that their premises are safe for all users. If you slip and fall due to a slippery floor caused by a leaking pipe, you can recover damages from the premises’ landlord or proprietor. A slip and fall injury can cause serious injuries, which may prevent you from going to work for several months. A personal injury claim will help you recover all the damages and financial loss.
Medical Malpractice Cases
Sometimes, medical health practitioners can be negligent, and their actions or omissions can lead to an injury. Personal injury in a medical malpractice case can include misdiagnosis, surgical errors, improper treatment, or birth injury. One example of a medical malpractice case is if a doctor prescribes the wrong medication, causing the patient to have complications. Medical malpractice cases are complex, and you need an experienced medical malpractice attorney to win your lawsuit.
You can get injured at work, especially if the job entails using heavy machinery and tools. If you are injured while working, you can institute a claim under the Workers Compensation Act. Therefore, your employer is required to provide you with insurance under the Workers Compensation Act. You can claim several damages under the Workers Compensation Act depending on the severity of your injuries. Some of the damages may include loss of wages, loss of future wages, medical bills, permanent or temporary partial disability, among others.
Product Liability Cases
A product liability case involves seeking damages for injuries sustained from a dangerous or defective product. If you get injured because of a defective product, you can file a personal injury suit against the manufacturer, designer, distributor, or seller of the product. A manufacturer owes you a duty of care, and if their product is dangerous, they have to provide sufficient warning.
Assault or Battery
You can institute a personal injury claim against a defendant to seek compensation for injuries and damages sustained from an assault or battery. In an assault case, there is no physical harm, but in a battery case, there is physical harm. However, you can recover damages even if there are no physical injuries. You should consult a personal injury attorney before opting to file a personal injury lawsuit.
Reach out to a Personal Injury Attorney
Accidents happen every day, and you cannot predict when someone will cause an accident. If you have sustained injuries from an accident caused by another person, you have the right to recover damages from them. Reach out to an experienced personal injury lawyer and get help recovering the money you deserve.