If you have sustained an injury due to another person’s negligence, you should file a personal injury claim. Given proof of liability, filing a personal injury claim can allow you to receive monetary compensation from the responsible party for damages incurred in the accident. In this article, we’ll take a look at the top five most common types of personal injury claims filed in the United States:
In the year 2016 alone, over 7 million car crashes were reported in the United States, with 29.9% resulting in a personal injury. For this reason, it’s no wonder why car accidents account for the vast majority (57.5%) of all personal injury claims filed. Drivers who fail to exercise reasonable care while driving can and should be held financially liable for injuries stemming from a car accident. If you were involved in a car accident, you should seek the advice of a professional personal injury lawyer, like the ones you’ll find at the Law Offices of Eugene Gitman.
According to the US Department of Justice, medical malpractice constitutes around 15% of personal injury cases filed in the United States, making it the second most common claim filed. Medical malpractice refers to errors in diagnosis and treatment that causes injury to a patient resulting from negligence on behalf of the hospital, doctor, or other health care provider. Examples of malpractice include failure to diagnose, unnecessary surgery, improper medication, and premature discharge.
Product Liability Claims
Product liability laws hold manufacturers and sellers directly responsible for defective and dangerous products placed in the hands of American consumers. Because a defective product can involve just about anything sold to the consumer, product liability claims constitute a large bulk (approximately 11%) of all personal injury cases filed in the United States. A product may be deemed defective in one of three ways: (1) defective by design if it is inherently unsafe, (2) defective by manufacture if it causes injury due to improper assembly, and (3) defective by marketing if it fails to provide sufficient instructions and labeling. Product liability laws vary by state, therefore we urge you to check the laws in your state. For instance, Pennsylvania statutes state that injured parties have a time limit of two years from the date of injury to file a lawsuit.
A workplace injury refers to any injury, illness, or medical condition caused by the job of the employee. Although most state laws require employers to provide workers’ compensation insurance, this can vary depending on where you live. Common benefits of workers’ compensation include wage replacement benefits, medical treatment, and vocational rehabilitation. However, if you do not report an accident on time, your employer may question the credibility of your claim and withhold benefits from you. Therefore, it is extremely important to report a workplace injury immediately.
Slip and Fall
“Slip and fall” is the term used to describe a type of premise liability case where the injured person slips, trips, or falls on the property (or “premises”) owned and maintained by someone else. In these personal injury claims, it is the responsibility of the property owner to reasonably maintain their property through regular and sustained efforts. There are many hazardous conditions—such as wet floors, torn carpeting, and defective stairs—on which to hold the property owner legally responsible for injuries. In a slip and fall case, it can be difficult to prove that a condition presents an unreasonable risk to a person on the owner’s property. Therefore we highly recommend teaming up with an experienced attorney.
Sustaining a personal injury can have a major impact on the lives of both you and your loved ones. Depending on the nature of the accident, these damages can affect everything from your health and physical abilities to your future earning potential and overall quality of life. If you have been injured and are unsure about whether to file a claim, we highly recommend seeking professional advice from a personal injury lawyer near you.