A personal injury is a term that is used in a legal matter regarding an injury sustained by an individual. There are three types of personal injuries a person can experience. These include:
- Injuries to the body
- To the mind
- Injuries to an individual’s emotions
What are some common types of personal injury claims?
Unlike a damage claim where a victim of an accident is attempting to collect money to replace or repair their property, a personal injury claim focuses on providing the victim with compensation for their injuries. In most personal injury cases, negligence must be a contributing factor. This means the accident could have been prevented had the initiator of the incident been more careful or cautious. Some examples that would suffice as a viable personal injury claims include:
- A drunk driver who crashes into another motorist causing them to sustain an injury. The drunk driver possessed a BAC, blood alcohol content level, over the legal limit.
- A manufacturing company who distributed a product knowing there was a harmful chemical in it which is known to cause hair loss or other unwanted health conditions. No warning was provided and it was unknown to the consumer that the product would cause this to occur.
- A spouse of someone involved in an accident suffers emotionally because their loved one cannot provide them with the attention and affection they once were given prior to the incident.
- A patient who suffers from a misdiagnosis during their stay in a hospital or other health care facility. Their condition either worsened or they developed something new as a result of this medical error.
There are many other types of personal injury claims that can be filed and it is best to speak with a licensed personal injury attorney in your state regarding your matter. Many personal injury victims have rights they are unaware of and often forgo receiving compensation that might help reduce the financial stress they may be receiving.
What are “damages” in a personal injury claim?
Every personal injury claim is going to be different. The circumstances will vary along with the various types of injuries a person has to suffer with. There are two types of damages a person can collect compensation for involving a personal injury tort, or for the wrongful act that brought upon this harm. and They are classified as general or special.
- A general damage would include compensation for pain and suffering and other types of harm that isn’t easy to measure.
- Special damages would include funds for accrued medical expenses, loss of wages, etc. These are easier to determine in a personal injury case. However, the best way to learn what your injuries are worth is to have a local personal injury attorney assess all the details of your case before making any assumptions.
Can I file a personal injury lawsuit to collect damages?
As a victim of an accident, whether it involved you getting hurt on the premises of a local store or school or injured by a medical physician, you have the right to file a claim through the liable insurance company or file suit. Many people tend to file a lawsuit against the negligent party if they aren’t complying with the demands set forth in their personal injury claim. And in some cases where a victim’s injuries are so severe it is expected to cause permanent disability, a lawsuit may also be a better option to ensure the appropriate amount of compensation is paid out.
To gain a better understanding of what personal injury is and whether or not you have a valid claim on your hands, let USAttorneys.com assist you in finding a nearby personal injury lawyer in your city who can answer any and all of the questions you may have.