The Different Types of Personal Injury Cases: A Simple Guide
22 March 2021
Personal injury law in the United States is also known as Tort Law. It ensures that an injured person or plaintiff receives compensation from the accused of causing harm or doing wrong conduct intentionally or negligently. There are a lot of cases under this law, however, not all injuries are under legal liability. Here we will take you through some specific cases that come under personal injury claim, which can be handled by an injury attorney.
Vehicle Accident Injury
This accident injury involves cases where the plaintiff got injured without any fault by any vehicle then he/she may claim compensation. To lodge claim complain, the plaintiff has to submit the following documents:
Authentic medical reports stating the details of sustained injury
Information of the insurance details
Police report authenticating the evidence of the accident
In case, the driver or accused was driving maintaining all rules of traffic, and had no fault then he can be exempted based on the report of his insurer.
Premise liability or slip & fall cases are one of the most common types. Here the plaintiff can file a case against the owner of the premise in which the accident occurred. It is the responsibility of the premise owner to maintain the safety and security of the place so that nobody gets harmed.
All such cases do not come under legal litigation. The case can be analyzed based on the extent of negligence of the responsibility of the accused or premise owner behind the occurrence of the accident. If the premise owner is not liable for the accident caused then he can be exempted.
This claim arises when a patient gets injured or harmed by any medical professional due to medical practice. However, such injury is always not caused by malpractice. Hence, it is a matter of judgment or should fall under certain categories to get the benefit of the claim. Some common causes of medical malpractice are:
Birth injury or injury during delivery of the baby
Injury caused by using a product that has manufactural defects, doesn’t have any warning mentioned on the product, or doesn’t have any user manual. In this case, the plaintiff can file a lawsuit against the product manufacturer.
Libel or slander form of defamation is harm to a person’s reputation caused by an untrue statement of some other person. The judgment of the claim depends on the social status of the plaintiff and the forum where the statement is done.
For a general person, it is to be proved that the untrue or negative statement has brought financial loss to the plaintiff.
However, in the case of celebrities or renowned public figures, the malice needs to be proved that is caused by the untruthful statement.
Harm Caused by Pets
The owner of the pet is liable to accomplish the harm or financial loss caused by the bite or action of the pet. E.g. if a dog bites then the owner is supposed to bear the medical cost for the treatment. Although, sometimes such cases are exempted if the dog has no previous history of such aggression. A dog with only one such history is barred with a little amount of compensation.
Under the Illinois Act for worker’s compensation, if any employee gets injured or killed while working then the plaintiff is liable to get several benefits. Although, he cannot apply for a personal injury lawsuit against the employer. This case is to be handled by a worker’s compensation attorney.
The injured employee is liable to get the following benefits:
Cost of medical treatment
For temporary total disability wages is given
For partial or permanent disability lump sum payment is given
Other Cases of Personal Injury
Catastrophic accidents, aviation or boat accident, medical injuries, food poisoning, mesothelioma, legal malpractice, and asbestos exposure are some other cases of personal injury.
To take you through different verticals of legal affairs we will come up with more blogs. All our blog contains information that has been researched from authentic website and law journals. Keep a watch on this page, share your comments, and let us reach more and more readers to make everybody aware of law and compensation.