A personal injury can vary depending on the type of injury, location of the accident, and many other variables. In legal terms, a personal injury is a type of tort that is related to the individual’s injury as a direct or indirect result from the negligence of an individual or a professional business entity. The type of compensation or settlement the victim or plaintiff can receive from a personal injury claim can vary according to the type and severity of the accident. It’s important to understand the different types of personal injury claims to know what to expect.
The intentionality of the action can sometimes classify a civil case like personal injury into a criminal lawsuit, depending on the action and its severity. In fact, a case can include both criminal and civil charges at the same time, such as assault and theft. But the problem that can make it hard for people to receive compensation for their damage is that the vast majority of insurance companies do not provide coverage for intentional torts. For example, neither the perpetrator’s auto insurance company nor yours will provide coverage for the accident if it included your car getting rammed on purpose.
The only legal recourse that can provide you with compensation for psychological or physical damage will be through a more inconvenient channel since you’ll be suing the perpetrator and demanding the compensation directly from them through the court. Determining whether the defendant in your case has sufficient funds or assets to cover your losses or not may sometimes be an obstacle, especially for severe damages that require a lot of money. It’s the job of a professional personal injury attorney to recognize whether the defendant has enough assets to cover the injury or even if there are other liable parties in the case.
Auto accidents are known for their dangerous outcome because a lot of things are at risk. Getting out of an auto accident with the least amount of physical damage is the best-case scenario. Since auto insurance is legally mandated in many states, it’s very important to know the type of insurance you have to prepare yourself. Auto insurance accidents are the most common personal injury claims because of how easy it is for people to get distracted while behind the wheel. Failing to exercise proper road safety precautions makes the person responsible liable for any damage they do to pedestrians, properties, bicyclists, and other drivers.
Even though medical malpractice personal injury claims aren’t as common as other types, its severity is usually quite high. These claims arise as the result of a doctor, nurse, surgeon, or any medical staff being negligent while being on the job. Unlike other jobs where some negligence can’t hurt you, medical malpractice is taken very seriously in the courts and hospitals. The Hippocratic Oath that all doctors swear highlights the importance of a doctor’s duty to his patients. There are professional medical malpractice attorneys that specialize in finding out what went wrong after a patient has been allegedly treated by a doctor.
Premise liability claims are not uncommon in both residential and work environments because they arise from incidents that prove that the landlord or owner of a certain property hasn’t taken proper safety measures to ensure that individuals don’t get injured as a result. Whether it’s a simple slip-and-fall or hazardous chemicals, it’s all included in a premises liability claim.
As it can be deduced from its name, wrongful death claims arise when a person’s or entity’s negligence has led to the death of an individual. They are typically lawsuits that accompany many types of claims like auto accidents, work accidents, medical malpractice, defective products, and others. The recovery of damages, in this case, is received by the estate or survivors of the deceased, and the compensation is calculated and handled differently, according to the state laws. For example, wrongful death in Chicago is under the Illinois Wrongful Death Act, while a lawsuit can still be pursued under the Illinois Survival Act. You’ll want to ensure that a professional wrongful death attorney in Chicago has your back to guide you through the claim or lawsuit. While no monetary compensation can make up for the loss of a loved one, the law can provide outlets that can still help the family members.
Workplace accident claims can be a bit different from other claims because a personal injury lawsuit isn’t allowed in most circumstances when it comes to incurring injuries in the workplace. The employee has to resort to filing a claim under the workers’ compensation insurance of their state. The settlement is calculated by compiling lost wages, medical bills, and effect on future employment. The workers’ compensation laws aren’t standardized federally, which means that some states can have different laws when it comes to filing such a claim.
Products can easily cause an injury that varies in severity from slight to extremely serious, depending on the type of product and the circumstances. It can happen in residential, public, and work environments, independent of the location. Product liability claims can also arise as a result of improper warnings, precautions, and faulty manuals, even if the product itself is according to the standards. The products can range from commercial food to chemicals used in factories. The range of the responsible parties is also quite huge, as it can include governments, individuals, manufacturers, distributors, or others. Determining how the product became faulty can start a chain-investigation as many people and entities may have designed, worked on, stored, or marketed the product. An experienced attorney should be able to aid the investigation in identifying the responsible parties as quickly as possible.
Personal injury claims can differ greatly since personal injury is too broad to be summarized through one or two procedures. Personal injury attorneys may have the knowledge and experience to handle a lot of different claims, but a lot of them prefer specializing in one specific area to accumulate the biggest amount of experience.