Personal injury law covers a lot of different scenarios, so it’s not always easy to tell whether or not a case qualifies to file a personal injury claim. To make sure the situation presented to you is actually eligible to be filed as a personal injury lawsuit, learn more about the different types of personal injury claims and what they cover.
Car Accident Claims
Anyone who is injured in a car accident is eligible to file a personal injury claim — as long as the car accident wasn’t his or her fault. For example, if you were injured in a car accident in New York and the accident was deemed the fault of the other driver, New York City Personal Injury Lawyers could file a personal injury claim for you, but the at-fault driver wouldn’t be eligible to file a claim or his or her own. It’s important to note that not all injuries from car accidents show up immediately. Injuries, such as spinal injuries, whiplash, and back problems, can show up days or weeks later. So it’s important for anyone involved in a car accident to get a complete medical exam and then, get re-examined if any signs of injury occur at a later date.
Medical malpractice claims are also personal injury claims. With this type of claim, your injury would have resulted from surgical error, improper diagnosis or treatment, hospital negligence or abuse, or substandard care. In this case, your personal injury lawyer would sue the doctor, practice, or hospital responsible for your injuries or hardships.
Brain injuries can happen in numerous different ways, and many people don’t realize that even the slightest brain injury could qualify them for a personal injury claim. For example, if a person is in a car accident that resulted in a concussion or even “rattled” their brain, they could file a personal injury claim. Brain injuries could also be diffuse injuries — an injury to the head that resulted in microscopic changes throughout the brain — mass lesions, blood clots, and bruising, as well as skull fractures and penetrating head injuries. Keep in mind, some brain injuries can take awhile to appear, so if someone is involved in an accident where they could have suffered a blow to the head, it’s important to get a complete medical examination and to follow up with the examine at a later date to make sure there isn’t any damage to the brain.
People typically think of slip-and-fall accidents as accidents that occur in a store as the result of a wet floor. However, slip-and-fall accidents can happen anywhere. A person could file a personal injury claim against a homeowner who failed to shovel the walkway if he or she slipped and fell due to the negligence, for example. These type of accidents might also happen at work or even while walking down the sidewalk. Anytime someone is injured because they slipped and fell and the accident was due to someone else’s negligence, it’s possible to file a personal injury claim.
Personal injury claims can be tricky. The most important things to remember when filing a claim is that you need to be able to prove the accident was the result of negligence and that the accident caused specific injuries to the person filing the claim. As long as those two things are present, there’s no reason you shouldn’t be able to reach a settlement on a personal injury claim.