If you’ve been in an accident that wasn’t your fault, you might be wondering how you can have your losses made up. The best strategy here is a personal injury claim.
Highly-skilled legal representation is the only way to ensure that you get the best settlement possible for your case. Should you use a lawyer, you’ll have access to advanced tactics like the deep pocket strategy to target whoever is most responsible that can also afford the liability.
Deciding on a legal approach begins with understanding if your situation qualifies as a personal injury lawsuit. While there are several potential reasons to file a personal injury claim, a few situations tend to happen most often. Let’s go over those now to help you understand your situation better.
Car Crashes
The largest category for personal injury claims involves car crashes.
Driving comes with the responsibility of being safe and following the law. When everyone on the road is driving the same way, accidents are avoided.
Unfortunately, not everyone chooses to be a safe driver that upholds the law. As a result, roads can be unpredictable and this sometimes leads to accidents.
This means that the cause of most car crashes can be directly linked to one of the involved drivers doing something incorrectly. Good examples of this include speeding, distracted driving, failing to yield, and running a red light.
Because another driver caused your accident, they should be held responsible for your injuries and the damage to your car. This entails communicating with the other driver’s insurance company and working toward a settlement.
Car accident settlements can be especially difficult because car insurance companies never want to pay out. The claims process and tactics taken by car insurance adjusters directly aim to minimize how much you receive.
With this in mind, never accept a car accident settlement you feel is unfair before speaking to a lawyer. These situations are ripe for a personal injury lawsuit to get you a better outcome.
Product Liability
Another good situation for personal injury claims regards product liability.
When a business creates a product, they have the duty of making it safe for use. As a consumer, you should be able to buy any product and use it as instructed without fear of malfunction and injury.
While consumer products are supposed to be safe, errors in manufacturing, shipping, and even planning can result in faulty goods. In turn, you and other consumers may experience injuries that are grounds for a personal injury claim.
Product liability is particularly common with car defects. With thousands of parts that make up a car, it is easy for one or more of the pieces to be defective. Car manufacturers then issue recalls to address the issue before someone is seriously harmed.
Problems arise when product defects cause injuries without being adequately addressed. You have a reasonable expectation to understand all risks associated with using a product, so any issues that arise are not your responsibility.
Premises Liability
Closely related to product liability is premises liability.
More specifically, a business must make its facilities safe to use for whomever might reasonably be expected on the property.
For example, a grocery store must ensure that all shoppers can safely browse the store without encountering any hazards that might injure them. If you slip on a spill the store didn’t clean up, then the owner is then responsible for the accident.
Whenever you walk into someone’s public business, it is their responsibility to ensure your safe navigation of the area. If you are not adequately warned of risks and you encounter an accident, this is also grounds for a personal injury lawsuit under failure to uphold their premises liability.
Medical Malpractice
If you’ve ever experienced medical malpractice, then you should also pursue a personal injury lawsuit.
When you place your health and overall safety in the hands of a trained medical professional, you expect that what they tell you is correct. This means that the medication they prescribe, the operations they suggest, and the treatment approaches taken are their responsibility.
Should a doctor break any rules regarding treatment or conduct and act negligently, any resulting injuries can be included in a personal injury claim. Doctors have incredibly difficult jobs and mistakes are easy to make, but these errors are extremely costly when dealing with human lives.
Animal Attacks
The last common source of personal injury lawsuits is animal attacks, particularly dog bites. These cases are particularly prevalent due to the high popularity of dogs and their proximity to others when living in a packed city.
Pet owners are fully responsible for their pets, meaning that any bad behavior is on them to correct. If a pet or dog is in public, it must be trained so that it is not aggressive towards others.
Unfortunately, some people aren’t the best dog owners and this can result in injuries for others. Even without bad intent, being injured by someone else’s animal is not your fault and they must right your losses.
Injuries from animal attacks tend to result in hospital visits and medical bills, which you shouldn’t have to pay for. Through a personal injury lawsuit, you can receive the fair compensation you deserve for a painful dog bite.
Closing Thoughts
Personal injury lawsuits are the best choice for seeking justice for any injuries or losses you suffer at the hands of someone else’s misdoings. Most injuries people experience are caused by someone else doing something improperly, so that person can be held responsible for damages.
Any legal situation can be difficult to navigate, so it is important to understand what scenarios a personal injury claim might involve. Five of the most common situations include car accidents, product liability, premises liability, medical malpractice, and animal attacks.
Should you find yourself in any of these unfair situations, then you’ll need a lawyer to handle your personal injury case effectively. Skilled legal representation makes the process of handling a personal injury claim worry-free and lets you focus on getting better.