What Are The Most Common Types Of Personal Injury Claims?
Accidents happen all the time. Unfortunately, people often don’t get the compensation they deserve because they are unaware that they have a personal injury claim. Having a basic knowledge of the most common types of personal injury claims is vital since you may be entitled to a claim for damages.
If you think you might have a claim, it is important to speak to a personal injury attorney as soon as possible.
What Is A Personal Injury Claim?
Before we look at the most common personal injury claims in California, it’s important to understand what a personal injury claim is. A personal injury is a physical or psychological harm suffered because of someone else’s person’s negligence, recklessness, or harmful intent.
California tort law has specific standards to determine whether somebody’s conduct was negligent or reckless. Part of this standard involves assessing whether the person who caused you harm owed you a duty of care, and whether that duty of care was breached by their actions (or failure to act).
In all personal injury cases, you will need to prove the damage you suffered (through medical bills, loss of earnings, rehabilitation costs, etc.).
Car, Motorcycle, And Bicycle Accident Claims
Motor vehicle accidents are one of the leading causes of personal injury and death in California and across the United States. In addition to causing bodily trauma requiring emergency treatment, car accidents can leave you with years of medical expenses. This is especially true when extensive rehabilitation is required.
Depending on the circumstances of the collision and the nature of your injuries, you may be entitled to file a claim for medical bills, pain and suffering, and lost income. Claims for loss and suffering sustained through motorcycle and bicycle accidents are also common, considering that the safety of bike and motorcycle riders is often not respected as it should be on the roads.
Speaking to a personal injury attorney who specializes in motor vehicle accident claims can help you to determine whether you are entitled to compensation.
Slip And Fall Claims
Slip and fall claims are another common category of personal injury. Generally, the owner of a property has a duty to ensure that the conditions on their property are safe for guests or members of the public who they invite on that property. If you slip and fall on another’s property and sustain serious injuries, you may be eligible for compensation.
Whether you will be able to claim depends on the cause of your fall. For example, were there wet floors, broken stairs, uneven surfaces, or unexpected level changes that caused you to lose your balance and fall? These cases commonly involve restaurants, shopping malls, and other public spaces which should be safe for use.
As with other personal injury cases, you can claim medical costs, lost income, and damages for pain and suffering, depending on the nature of your injuries.
Dog Bite Claims
As much as dogs are man’s best friend, they can also cause serious damage to a person or property if they are not trained and contained properly. Under California law, if an owner could foresee that their pet might be dangerous, and they failed to take steps to contain and restrain it, they can be held liable for any damage to person or property which that pet causes.
A personal injury lawyer with experience in dog bite claims can help to advise you on the prospects of your case.
Medical Malpractice Claims
Medical practitioners owe their patients a duty of care. If you underwent a medical procedure and have suffered complications as a result, you may be able to institute a medical malpractice claim. Medical negligence occurs when mistakes that were foreseeable and preventable occur in surgery, or during some other treatment, which causes you physical injury or some other form of loss.
Medical negligence can occur in surgery, during birth, as a result of incorrect diagnosis, or through unnecessary procedures, among other cases.
Wrongful Death Claims
In some personal injury cases, the worst happens. If you have lost a loved one due to another person’s negligence or intentional act, you may be able to claim damages from the party at fault. You may be able to receive compensation for funeral expenses, or any medical bills incurred as a result of the accident which ultimately led to your loved one’s passing. Wrongful death claims are particularly sensitive and should be handled by an experienced wrongful deaths lawyer.
Don’t Delay – Consult With A Personal Injury Attorney Today
If you think you may have a personal injury claim, it is important that you consult with a personal injury attorney as soon as possible. According to the California Statutes of Limitations, unless certain special circumstances apply, you have two years from the date of the injury to sue the person(s) who caused your injury. It’s also a good idea to institute proceedings long before this two-year period is up, as you can never be sure what delays you may face in the process of instituting your claim.
Personal Injury Attorneys You Can Trust
At Real Deal Attorneys, we understand that you may not know where to start when it comes to finding legal aid. There are thousands of lawyers practicing in California. While many of them are highly qualified and experienced legal professionals, there are also quite a few bad apples.
We’ve all heard of “ambulance chasers”: personal injury lawyers who are only looking to make more money for themselves rather than properly representing your interests. You don’t want an attorney who is going to take an early settlement or compromise your case through incompetent lawyering (or worse, run off with your settlement money).
We take pride in connecting people who need excellent legal representation with trustworthy, reputable, skilled attorneys in California. Our lawyer locator service has helped many people access legal representation they can trust. Give us a call at (424)-367-1271 today so we can help you take the first step to getting the compensation you deserve in your personal injury case.