4 Scenarios in Which You Should File a Personal Injury Claim

We all try to make plans in life to keep our families safe, but sometimes the unthinkable can happen: someone gets hurt.

Many people aren’t aware of incidents in which a personal injury claim is necessary and applicable. Today we’ll look at 4 different scenarios, describing different situations, in which you should look at filing a personal injury claim.

Scenario 1): An Automobile Accident

Here’s the scenario: you’re driving down to Florida to take the kids to Disney World, and another driver plows into you.

Automobile accidents send 2.5 million Americans to the emergency room every year, and account for $18 billion in lifetime medical costs. Small wonder they are far and away the most important cause of personal injury cases in the United States.

As with the vast majority of personal injury claims, auto accident claims are typically filed against the insurance company of the at-fault driver, not the driver themselves. You, or your personal injury attorney, will have to demonstrate that the other driver was at fault and that you and/or a loved one suffered because of it.

Scenario 2): A Slip and Fall Accident

Next to auto accidents, slip and fall accidents are easily the most recognizable type of personal injury claim. As the name suggests, they often involve people slipping and falling while on the premises of a business or other property.

There are two basic ideas here regarding the liability of the owner or an employee, either of which may work to make the case:

  •     The owner or an employee should have recognized the dangerous condition and taken action to remove it or repair it.
  •     The owner or an employee actually caused the dangerous condition.

With the first scenario, the key legal questions are whether a reasonable person would have comprehended that the condition or issue could have been dangerous, and whether or not the defendant had reasonable time to recognize the problem and take care of it.

With the second scenario, the key question is whether a reasonable person would have foreseen the issue.

There are a number of other important questions that will determine whether or not the owner or employee actually was negligent. For example, did they have a policy of regularly checking for exactly this kind of hazard? Or, if they created the hazard, was there a justification for creating it?

Whatever the situation, hiring a personal injury lawyer is your best bet to ensure you’re treated fairly.

Scenario 3): A Product Liability Issue

This category covers many different situations, but what they all have in common is that you or a loved one were injured or made ill by a product of some kind that did not work in the safe manner it was supposed to.

To give you an idea of how diverse are the situations in which you might be able to file a personal injury claim, breaking a tooth on a food product or becoming ill from that product are both types of personal injury claim.

Harmed by a personal care or beauty product? Product liability case.

Harmed by a medication? Product liability.

Harmed by medical malpractice? Product liability.

Child harmed by a dangerous toy? Definitely product liability.

Product liability suits play an important role in society in keeping the manufacturers of dangerous products in check. Companies who take insufficient care when producing their products, whether food items or children’s toys, learn to be wary because of personal injury claims.

There’s no reason to take on a major manufacturer and their insurance company alone. Hire a personal injury attorney to help with this one, too.

Scenario 4): Medical Malpractice

Medical malpractice is much more common than you’d think. In fact, medical malpractice is the third leading cause of death in the United States. Medical malpractice occurs when a person is improperly cared for and suffers as a result. In this case, a more competent medical professional could have prevented a person’s suffering.

“Many medical malpractice cases never come to fruition because patients are uninformed,” says the Lancione Law Firm. “From medical misdiagnosis’ to childbirth injuries, it’s critical that you don’t simply accept an ‘I’m sorry’ from an institution when something goes wrong.” The minute a medical malpractice situation arises, the clock starts ticking, and it’s important that you contact a lawyer as soon as possible. Even if you’re unsure whether your case qualifies, it never hurts to speak to someone.

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