Every personal injury claim is unique in that every individual is unique and every series of events leading to injuries caused by negligence are unique. There are, however, factors that must be present in every successful injury claim. These factors are duty, negligence, damages, and causation.
If a victim wants to get compensation for injuries suffered, he or she must prove the responsible party had a duty, and failed to properly execute that duty. For example, every driver has a duty to maintain a safe stopping distance when following. Failing to maintain a safe distance and rear-ending a vehicle constitutes negligence.
The injured person must then prove that he or she was injured and the injuries are directly caused by the negligence. The following is an overview of four common types of personal injury claims:
Vehicle-Related Claims
Automobile crashes are the single most common cause of personal injury claims in the United States. The classic case is a rear-end collision causing neck or back injuries, but auto crashes can also lead to claims for negligent hiring of unsafe drivers, failure to properly maintain safe vehicles, distracted driving, operating a commercial vehicle while impaired due to sleep deprivation. A skilled attorney can potentially locate a variety of claims that greatly benefits the client.
Premises Liability Claims
The classic example of a premises liability claim is a slip and fall inside a retail establishment, but others involve falling merchandise claims or even failure to maintain adequate security, which is a potential claim against establishments in high-crime areas.
Unsafe Prescription Claims
When pharmaceutical manufacturers put profits ahead of safety, it can lead to awful consequences for consumers of the drug, who are often unaware of the full risks involved in taking prescribed medications. Sometimes these claims are related to professional malpractice by a prescribing physician or pharmacist who fails to adequately inform the patient of known risks but more common are risks known to the manufacturer and not disclosed to anyone else.
Mass Transport Claims
Accidents involving trains, airplanes or buses are in a different category since common carriers owe a great duty of safety to passengers. These cases often require the extensive use of expert witnesses to show exactly why and how the carrier was negligent.
Anyone who might have an injury claim should promptly consult with an experienced lawyer, like those from Wall Wall & Frauenhofer LLP, to assess his or her claim. There may be a variety of related claims that could be missed without careful review from a practiced eye.
Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.
