Personal Injury Claims: The 5 Most Common Types

Personal injury attorneys get all kinds of visits and inquiries from people who think they may have grounds for a lawsuit or insurance claim. These inquiries range from the actionable, to the challenging to the ridiculous. If you have been injured in an accident in California, you have probably discovered that California is a comparative fault (or comparative negligence) state. This means that the amount of money you can recover is reduced if you are partially responsible for an accident. For example, if you are 20 percent responsible for an accident, you would only be able to recover 80 percent of the damages. There are five types of lawsuits that attorneys see most often.

Auto Accident Injury

If you have been injured in an auto accident, it is important to document every expense you have that is related to the accident. As with all accidents, save all your medical bills, including the bills you have for both prescription and nonprescription drugs. Make sure to get documentation of the hours you have missed off work and document the money you have had to pay for childcare, transportation, and housekeeping.

There are a few reasons a claim might be denied in a tort state. If the at-fault party has not paid their insurance premium, your case may be denied. If you are driving a new car, and not the one you have listed with your insurance company, a provider can also try to deny your claim. If you mistakenly believe the other driver does not have insurance, and you fill out an Uninsured Motorist Claim, that claim is likely to be denied. A good personal injury attorney in Northridge can advocate for you, if the insurance company tries to lowball you or deny your claim.

Slip and Fall Accident

If you have been injured at a store you were patronizing, an office building or even a personal home, you may be able to sue the owner of the property or the business for damages. For example, if a store had a wet or greasy stain that you slipped on, it would be considered negligent. If a building had a nail sticking out of the floor that you stepped on, the owner or manager would be responsible for your injuries. If you take a spill in a business, be sure to tell the manager about it, get the name of their insurance company and fill out an accident report. Also, get the names of any witnesses who might have seen what happened and take pictures of the scene.

Medical Malpractice

If you have been injured due to the negligence of a doctor or a member of the medical staff, you may sue for medical malpractice. A 2018 CNBC story reported that medical mistakes are the third leading cause of death in America. In spite of this, certain members of Congress keep fighting for tort reform. It is important to find a personal injury attorney who is well versed in medical malpractice law and can get you the money you deserve.

Product Liability Negligence

If you bought a bunk bed that collapsed when someone tried to get on the top bunk, or if you eat or drink something and get salmonella poisoning, you may have a product liability case. Product liability occurs when a person is hurt, or their property is damaged due to the misrepresentation or negligence of a manufacturer or seller. A well-known product liability case took place when the Takata company was sued for making airbags that caught fire and exploded shrapnel onto passengers of cars when they crashed.

Work-Related Injury

If you have been injured on the job, your injuries should be covered by worker’s compensation. You must go to the doctor and file a claim right away when you are injured. There are a few circumstances when an insurance company or your employer may try to deny a claim. If you were intoxicated, fighting with someone or playing sports at work, your claim may be denied.

Whatever kind of injury you may have suffered, it is important to find a stellar law firm who will research your case and fight hard to get you the money you deserve.

*Authoritative Sources:

https://www.autoairbagsettlement.com/en

https://www.law.cornell.edu/wex/comparative_negligence

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.