The Most Common Kinds of Personal Injury Claims
Personal injury law (also known as “tort” law) allows an injured person to receive compensation when the wrongful behavior (negligence or intentional act) of someone causes harm to someone else. There are a variety of situations that can give rise to a valid claim for personal injury, but remember that an injury does not result in legal liability automatically.
There are cases of medical malpractice, i.e. if your surgery goes horrifically wrong, and negligence, where someone causes you harm through an unintentional act. Either way, you need a personal injury attorney Henderson NV to get you the compensation you need. You can search for an attorney online as well. Just input your area and the kind of lawyer you need and you’ll get all the results!
Keep reading to find out what the most common kinds of personal injury claims are.
Car accidents cause the majority of cases of personal injury in the US. When an accident happens, it’s generally because someone doesn’t obey the rules of the road, or does not drive as carefully as they should.
The reckless driver may (normally) be held financially liable for injuries resulting from car accidents. Exceptions do occur in the twelve or so states with “no-fault,” where drivers have to claim from their own insurers except in “serious” accident situations.
Slip and Fall Accidents
Slip and fall cases are yet another common type of a case of personal injury. Property owners (or, in some cases, those who rent property) have a legal duty to keep their premises reasonably safe and hazard-free so that people on the land are not harmed. Not all accidents that occur on the premises will, of course, result in liability. The exact nature of the legal duty of a landowner varies according to the circumstance and the legislation in place in the state in which the injury occurred. Another common personal injury is a dog bite. Everyone is exposed to dogs everywhere, and it can happen at any time
A claim to medical malpractice may arise when a physician or other health care professional performs treatment that falls below the appropriate medical standard of care, resulting in injury to a patient. But it’s important to keep in mind that having a bad outcome in the care environment doesn’t mean that there has been malpractice. Medical malpractice is harder to prove and win but that doesn’t mean you can’t do it.
Defamation in the form of libel or slander refers to an insult to the reputation of an individual arising from untrue statements. The exact nature of what a defamation claimant has to prove can vary depending on who the plaintiff is, and where the statement was made. The average person usually only has to prove that an untrue negative statement has been made and that the actual harm (financial loss) has come from that statement. On the other hand, celebrities or public figures generally have to prove “actual malice,” which means they have to prove that the untrue statement has been made either intentionally or with reckless disregard for the truth of the declaration.