TYPES OF PERSONAL INJURY CLAIMS

Personal injuries occur in many types of circumstances and every case has its own unique characteristics and circumstances.  In the broadest terms, personal injury refers to a claim being made by someone who has been harmed by another who caused that harm negligently or intentionally.  Personal injury claims are generally categorized into broad categories.

Car Accident Claims

The most common type of personal injury claims are car accident cases.  This is a very broad category of personal injury cases.  It includes, trucking accidents, motorcycle accidents, bicycle vs car accidents, pedestrian vs car accidents, drunk driving accidents, and ATV accidents.  While these accidents may present unique challenges and evidence problems, they have many similar characteristics and the handling of these cases tend to be similar in nature.  Because of mandatory insurance laws, these are the easiest claims for which to obtain financial compensation.  They are also some of the most likely to have serious and permanent injuries.

Premises Liability Claims

Premises liability claims are the second most common types of personal injury claims.  These cases involve property owner or operator liability for the injuries of an invitee or patron.  They are often called slip and fall claims but it can involve other types of claims.  Other types of premises liability claims are fires, inadequate security, swimming pool accidents, elevator and escalator accidents, gym accidents and trip and fall accidents.

The most common types of these cases are slip and fall and trip and fall cases.  These most often occur in public buildings or spaces.  They are more difficult than some cases because it can be difficult to prove liability.  The key to these cases usually involves demonstrating that the property owner or operator knew or should have know of a dangerous condition that caused the harm or injury and they failed to do anything about the dangerous condition.

Medical Malpractice

Medical Malpractice claims are another special class of personal injury cases.  There can be no doubt that injuries occur due to medical malpractice.  It is important to realize that most doctors do their best to keep patients safe and healthy and it is the exception and not the rule that they are negligent, and their negligence  causes actual harm to a patience.   Most calls we receive regarding medical malpractice involves an unfortunate result from treatment that is in no way the doctor’s fault.  However, there are cases where doctors commit negligence with serious harm befalling the patient.   Medical malpractice may include failure to diagnose, surgical errors, medication errors, or anesthesia mistakes.

Dog Bite Cases

Irresponsible dog owners often keep dogs chained up, isolated or even train their animals to attack.   This can result in serious injury or even death.   Dog bites are common occurrences and often involve scarring and infection.  They are also some of the most terrifying personal injury incidents because they involve an attack by an animal of indefinite duration.

Battery Cases

This type of case is special because it involves intentional acts (ie. most personal injury claims are due to unintentional carelessness or negligence).  These types of cases are sometimes referred to as assault and battery cases.  Technically, assault is with physical contact, so it would not normally cause a personal injury.  The difficulty with these cases is finding insurance money to pay for a claim.

The attorneys at Whitener Law Firm handle each of these types of personal injury claims.  Having a personal injury attorney will increase your chances of successfully pursuing your claim.