Examples of Personal Injury Claims

By Mark T. Flickinger, JD on April 08, 2019

 

A personal injury claim takes place when some are injured due to someone else’s actions. The person who caused the injury, whether intentional or not, can be held legally liable if they are guilty of neglect. Most personal injury claims are handled through an informal settlement, but in some cases, they can formalize in civil court. If an individual file a civil complaint against other persons, business, or group claiming that their actions or negligence led to a personal injury, a formal lawsuit will occur.

Wrongful Death Claims

In the case of wrongful death claims, any family members or dependents of the deceased that were left be behind may be financially compensated for their loss. If a person is killed because of another person or party’s negligence, they can be held legally and financially liable for the death. A wrongful death claim can only be successful if it can be proven that the defendant was negligent. The defendant’s actions have to have been negligent and directly lead to the death of the victim. Wrongful death claims can help to ease the financial burden often left behind in the case of accidental death.

Premises Liability

Premises liability are cases when the owner of a property may be held legally liable for any damage or injury that took place on their property due to their negligence. An injury that occurs on someone else’s property alone is not enough to file a claim, you’d need to be able to prove that the injury was due to the property owner’s negligence. For example, if there is a wet floor and no sign is posted to proceed with caution, then a fall occurs, the owner could be held liable.

Slip, Trip, and Fall Claims

Many slip, trip, and fall cases fall under premises liability. A slip, trip, or fall can happen anywhere, but if the owner of the property where it occurred was negligent, they can be held liable for any potential injuries. One example of this may be when a property is covered in snow and ice after a blizzard. This would make the premises very dangerous. If there has been adequate time to clear it off and the owner has neglected to do so, and someone is injured from a slip, trip, or fall, they could be charged with negligence and help liable.

Auto Accidents

There are often injuries involved in auto accidents. Whether it be a car, motorcycle, RV, bus, boat, or any other vehicle-related accident, it can be extremely dangerous. In these cases, the most common personal injuries are usually back and neck related or brain trauma. Similar to other personal injury cases, for a personal injury case in relation to an auto accident, the victim must prove that the defendant was negligent and that their action directly led to harm or injury. If the defendant has been proven to be at fault for the accident, they may be liable for any personal injuries you or other passengers may have occurred as a result of the incident.

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