Personal Injury: 6 Types And Recovery Options
By TOI Team July 25, 2022 Update on : July 25, 2022
In a split second, an accident can completely alter the course of your life. Severe injuries can permanently push you out of work or for a lengthy period. You could also become immobilized, and between being rescued and arriving at the hospital, your family role could shift from provider to dependent.
But while negligence is the reason for most accidents, some are usually unavoidable. However, regardless of the nature of the accident, someone will inevitably suffer loss in one way or another. This could be anything from damaged properties and expensive medical bills, and in worst-case scenarios, loss of lives. To seek compensation for these losses suffered from someone’s mistakes, victims can make a legal claim by suing for damages.
While pursuing compensation, it’s advisable to work with experienced attorneys who strive to ensure their clients are adequately compensated for physical, emotional, and financial loss, minimizing the impact of the loss. Consulting with an experienced personal injury attorney will help you learn more about your rights, especially in accidents caused by another party’s acts of omission or commission.
Seven common types of injuries attract the highest number of lawsuits. These are briefly discussed below with some recovery options:
1. Motor Vehicle Accidents
Although we can blame mechanical failure for some car accidents, intoxicated and careless drivers are responsible for most road accidents. Motor vehicle accidents account for the most significant share of personal injury claims.
Car accidents usually result in serious injuries that can take time to heal, with some turning fatal. If the neglectful actions of another party cause your motor vehicle accident, you’re entitled to compensation. However, the burden of proof lies with you. You’ll need an excellent attorney to prove this on your behalf.
2. Assault and Battery
Unintended accidents aren’t the cause of all personal injuries. Injuries caused by assault and battery arise from the intentional wrongdoing of other parties who are often well-known to their victims. Domestic violence and neighborhood gang brawls contribute their fair share of assault and battery cases. For assault or battery, you can sue for damages under a civil suit.
3. Medical Malpractice
These are injuries caused by a healthcare worker’s negligence. The most common ones include injuries from surgical procedures, childbirth, medication errors, and misdiagnosis. Medical malpractice can be fatal, such as when a misdiagnosis or delayed diagnosis causes the spread of disease and eventual death. Apart from financial and physical loss, the emotional pain caused by medical malpractice can be intense. Victims are encouraged to pursue litigation.
4. Product Liability
These are injuries caused by using defective or harmful products brought into the market by manufacturers or agents. Misleading advertising and manufacturer’s errors often result in faulty products that can inflict severe injuries in some cases. For example, contaminated fuel can cause a vehicle’s engine to malfunction, while poorly labeled cosmetics may leave skin issues and permanent scars on someone’s face. Defective toys can cause young children to choke, with fatal consequences. In such cases, the way to recover loss is through a product liability claim.
5. Premises Liability
Poorly maintained premises or those with faulty designs are responsible for numerous accidents in homes, public areas, and business premises. If you sustain injuries due to poor maintenance of facilities while on another person’s premises, you can sue the property owner for damages.
6. Wrongful Death
In worst-case scenarios, personal injuries can lead to the loss of life of loved ones. Wrongful death is inferred when an accident turns fatal such as in an incidence where a head injury caused by a fall in a slippery bathroom results in death. Close relations of the victim are encouraged to file a wrongful death claim.
The Next Steps
With accidents, there’s usually a time limit within which lawsuits can be filed—usually one month to a year. Trying to recover your health while pursuing insurance companies for compensation can be a harrowing experience. Unless you’re a lawyer specializing in personal injury claims, it’s advisable not to advocate for yourself because the success of such legal suits depends on the ability to prove damages from personal injury.
If you or a loved one has injuries from an accident caused by another person’s negligence, you are entitled to a fair hearing and adequate compensation for your loss. It takes an excellent legal mind to prove your case in a court of law. An experienced attorney will carry out research, handle paperwork, and contact witnesses on your behalf. Consider teaming up with qualified attorneys with a proven track record to successfully represent you in a lawsuit so your physical, emotional, and financial injuries are compensated adequately.