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Exploring Different Types of Personal Injury Claims and Compensation

Personal Injury Claims and Compensation

A personal injury claim is used to get compensation for the injury from the at-fault party. At-fault party could be a person, government, or an organization. Personal injuries include physical injuries. A Personal injury victim can also get compensation for mental injuries side by side. 

Mental injuries can include emotional stress and damage after receiving an injury. If you are going through a personal injury in San Antonio. In that case, you might want to see a personal injury attorney in San Antonio to get the legal support and required guidance. 

It is very crucial to have strong legal support by your side while preparing for a personal injury claim. Let us explore different kinds of personal injury claims to get a better understanding. 

Car Accident Claims

Car accidents are very common accidents that cause personal injuries. It involves pedestrians, motorcycles, trucks, buses, cars and bicycles. In this claim, you have to prove the negligence of the other party to get compensation for your injury. 

The other party in these accidents is the negligent drivers. These negligent drivers can cause serious and fatal accidents due to their negligent actions, such as using a cell phone while driving, drunk driving, overspeeding, or having other distractions. 

Not obeying traffic rules can also lead to fatal accidents like not stopping at red signals, not paying attention to the traffic, or turning in front of a speeding car or oncoming traffic. 

Slip and Fall Accidents

There should be a duty of care to prove liability if a person got injured due to the ignorance of someone who has the duty of care toward the victim; then, this allows the injured person to file a personal injury claim. In the same way, landowners have a duty of care toward their visitors. 

They have to make sure that their property is safe and secure. And if there is any potential danger that can cause any injury, the landowner is responsible for giving heads up and warning visitors beforehand. Slip and fall accidents are very common in Shopping malls or shops. Sometimes, wet floors can cause guests and customers to slip and fall and experience serious injuries. 

If the property owner is aware of a dangerous condition or a potential slip and fall scenario and does not warn visitors, and if someone falls and gets injured, the victim can file a slip and fall claim against the landowner. The negligence of a property owner in cases like these is very clear, and it is easier to get compensation for your personal injury in these situations. 

Poor carpeting, damaged sidewalks, potholes in parking lots, poorly managed electric systems, damaged or poorly lit stairways, letting clubbers carry drinks on the dance floor, damaged escalators, and poorly installed grab bars are all dangerous property situations that can cause serious incidents. Victims can file slip and fall personal injury claims if they have to face the above-mentioned conditions.

Unsafe Property Situations Claim

It is not always slip-and-fall incidents that can happen due to unsafe property situations. Sometimes, there can be other accidents, like a toddler or a child drowning in an uncovered swimming pool. There can be accidents involving electrocution due to uncovered or poorly managed wires. 

Construction Mishap Claim

Usually, construction site workers have their coverage of worker’s compensation. If a worker receives injuries while working at a construction site, he can utilize his worker’s compensation. But if a visitor unexpectedly receives an injury while passing a construction site, he can use a construction accident claim. 

There is a possibility of receiving an injury as it is common to see heavy tools or construction material fall down from an under-construction building. If a person unexpectedly gets injured, he can use a construction accident claim. 

Medical Malpractice Claim

Medical malpractice claim involves a medical professional’s ignorance. It is important to Prove the negligent action of the doctor and how it took part in causing the injury. Making careless mistakes during surgeries, like forgetting sponge inside the patient, not testing the anesthesia reaction and not checking the proper medicine reaction, etc.

There can be situations of misdiagnoses and prescribing overdose that can lead to serious internal injuries and damages. Patients who are facing these kinds of situations can go for medical malpractice claims to get the deserved compensation.

Product Liability Claim

Product sellers and manufacturers have this duty of care towards their users and buyers. They have to make sure that their products are safe to use. They cannot sell any defective or dangerous product that can harm the users. An affected or injured user can file a product liability claim to get compensation for his loss. 

Wrongful Death Claims

Murders and some traffic accidents can fall under this category, and the loved ones of the deceased can file a wrongful death claim. A wrongful death is linked with no legal justification. This law is a  bit different than the personal injury law. 

There are some statutes that make it different from a personal injury law. These statutes decide who is eligible to file this claim, like close family members or loved ones, etc. 

It is important to seek medical assistance right after experiencing a personal injury and contact a legal professional. A lawyer can help you with the legal process and make the pain a bit bearable.

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