When you think of a personal injury claim, vehicle accidents typically come to mind, and this is a type of personal injury claim but it’s not the only one. The term personal injury applies to a broad range of accidents.
Understanding the various types of personal injury claims can be crucial if you suffer damages in an accident. Even though the law is basically the same whether you’re injured in a slip-and-fall or car accident, understanding the different types can make it easier to successfully file a claim.
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What is Considered a Personal Injury Claim?
Before you start contacting insurance companies every time you experience a slight injury, it helps to know when you have grounds to file a claim.
Your accident must be caused by someone’s negligence. You must also meet the four elements of negligence. If you can’t show negligence, chances are, you can’t successfully file a claim for your damages. So, what are the key elements of negligence?
- Duty of care: Everyone owes others a duty of care. An example is all drivers owe other motorists a duty of care to follow all traffic laws. Duty of care simply means not behaving in a manner that places others at risk.
- Breach of duty: A breach of duty happens when someone’s actions knowingly or unknowingly place others at risk. If a driver fails to obey all traffic laws, they’re in breach of their duty of care. This also applies if an employee fails to clean up a spill on the floor.
- Causation: This applies when the defendant’s reckless or negligent actions result in an accident. For example, if a driver fails to stop at a red light and crashes into your vehicle, your accident is directly caused by the other driver’s behavior. To show causation, you must prove the at-fault party’s actions are the cause of your accident. In other words, the accident wouldn’t have occurred if the defendant had exercised reasonable care.
- Damages: This is usually the easiest part of negligence to prove. You must show that your damages are directly caused by the accident. Usually, things like bills and receipts can help prove this element of negligence.
If you can show negligence, there’s a good chance you meet the criteria for filing a personal injury claim. If negligence isn’t present, your accident is probably just that, an unfortunate event that’s no one’s fault.
Common Types of Personal Injury Claims
All personal injury claims are governed by the same legal standards. Think of personal injury law as a big umbrella covering all types of accidents caused by negligence. Even though the same law applies, there can be small differences depending on the type of claim. Here’s a brief look at some of the common types of personal injury claims.
Vehicle Accidents
The most common type of personal injury claim is a vehicle accident, which can be further broken down into types of vehicle accidents. Along with automobiles, motorcycles, and commercial trucks fall into this category.
If a pedestrian or cyclist is involved in an accident with a motor vehicle, it falls into this category. Rideshare accidents are another example of this type of claim.
Workplace Accidents
Workplace accidents fall under personal injury law but most are covered by workers’ compensation insurance. However, not all employers carry workers’ compensation insurance and not all states make it a legal requirement. Texas is one of the few states not requiring private employers to carry workers’ compensation insurance.
If your employer carries workers’ comp, filing a compensation claim is a fairly simple process since this is one of the few times you don’t need to prove negligence. All you need to show is that your injury or illness is caused by your job.
The primary disadvantage to filing a workers’ compensation claim is the limited benefits. You can only receive compensation for medical costs and lost income. You’re also giving up your right to file another claim against your employer for other losses like non-economic benefits.
Your other option is to file a personal injury claim against your employer, and you will need to prove negligence if you decide to go this route. Since not all employers in Texas carry workers’ compensation, this may be your only option.
Medical Malpractice
When a healthcare provider injuries a patient, a medical malpractice claim can help you recover financial compensation for your damages. Some examples of medical malpractice claims include:
- Misdiagnosis
- Surgical errors
- Improper prescriptions
Medical malpractice claims are often complex and usually require plenty of expert testimony. If you’re filing a medical malpractice claim, it’s always best to work with an experienced attorney.
Premise Liability Accidents
The most common type of premise liability accident is slip-and-falls. Regardless of whether it’s private property or a business, owners have a duty of care to all visitors. This means ensuring their property is free from all known hazards.
If the property owner or operator fails to remove all hazards or at least warn visitors of a potential danger, you may be able to file a claim against their insurance provider.
Product Liability
As a consumer, you have a right to presume all products you buy are legal and safe. If you’re injured by a defective product, you may be able to file a personal injury claim.
Your claim can be against the manufacturer, supplier, or retailer. However, before you can move forward with a claim you must show that the product has either a design or manufacturing defect.
If a potentially hazardous product doesn’t have adequate warnings, this can also be grounds for filing an injury claim. Now you know why products like coat hangers come with labels warning you not to swallow the item.
Wrongful Death Accident
If injuries from an accident result in the death of a loved one, you may be able to file a claim against the at-fault party.
Wrongful death claims can provide compensation for the deceased’s medical expenses and funeral costs. You may also be able to claim things like lost wages and even non-economic damages like loss of companionship.
Personal Injury Claims Can Be Complex
No matter the type of personal injury claim, recovering compensation can be challenging. An experienced personal injury attorney can guide you through the process and help you secure the compensation you deserve for your damages.
Their knowledge and expertise can make a significant difference in the outcome of your claim, providing support and ensuring your rights are protected.
