Whenever someone experiences an injury from an accident, one of the first questions that come up is whether they can sue or not. Can someone be held liable for any injury? There are a lot of instances when the injured person is not aware that he or she can actually file a case and claim compensation for injuries or damages.
There are actually several types of personal injury cases and a lot of people do not know some of them. Keep yourself informed by learning about each of them:
- Vehicular accidents. Among the most common types of personal injury cases are those involving vehicular accidents. In a lot of car accidents, one of the parties may be held responsible for the accident. Usually, it is because of recklessness or not following the rules of the road. There are times when the accident is a no-fault accident which is where the involved parties will have to collect from their respective insurers. The usual damages claimable from vehicular accident cases are medical costs, lost income, and damage to property.
- Wrongful deaths. When the death of someone is caused by another person, a business, or an organization, the immediate family members can file a wrongful death case. The most common causes of wrongful death are those due to negligence, recklessness, or an intentional act. The immediate family members may be able to collect for medical and funeral expenses, loss of benefits, loss of earnings, and punitive damages, among others.
- Medical Malpractice. Some personal injury cases may not be due to accidents. One such case is a medical malpractice case. Medical malpractice cases arise when a health professional, usually a doctor, performs their duty incompetently or with negligence which resulted to injuries, death, or other damages. Malpractice is not limited to the medical profession; it is also applicable to other professionals such as veterinary, accountants, attorneys, architects, or engineer, among others.
- Products liability. If you used a product that causes you harm or injury, then you might be able to file a products liability case. The usual party that may be held responsible in a products liability case is the manufacturer, the seller, or the designer.
- Premises liability. A premises liability case may arise when a person gets injured while in someone else’s property and it is due to a dangerous condition in the premises. Among the most common premises liability cases are slip and fall cases which is when someone slips and falls in the property because of a dangerous condition in the property.
- Defamation. Libel and slander are also causes for a personal injury case. In this case, the injury is to the person’s reputation. The burden in a defamation case is to prove that untrue and negative statements were made with actual malice and that these resulted to harm, usually in the form of financial loss.
- Intentional acts. Another type of personal injury case that is not due to an accident is what is called intentional tort or intentional acts that caused harm to the victim or the victim’s property. Among these intentional torts include fraud, assault and battery, intentional property damage, trespassing, invasion of privacy, theft, and intentional infliction of emotional distress, among others.
When filing personal injury cases, compensation is often for both economic damages and non-economic damages. If you experienced something that falls into any of the above types of situations, it is good to consult a lawyer whose expertise is on personal injury cases. A good lawyer can help you file your claim, prepare what you need such as collect and develop your evidence, and get the maximum claim that you can.