Accident victims should be compensated for emotional, physical, and economic hardships resulting from the negligence of another person or party. Research by the Centers for Disease Control showed that over 29.4 million people emergency treatment for unintentional injuries annually.
Unintentional injuries can result from workplace injuries, auto crashes, medical errors, and more top lawyers in Anchorage help accident victims pursue justice and recover damages for bodily injuries and/or property loss.
Personal Injury Explained
Personal injury is a legal term describing injuries sustained by a person due to an intentional or unintentional commission or omission of another party or organization. These injuries are typically resolved under personal injury law.
The injured person must prove the negligence of the accused or the faulting party by demonstrating the existence of the following points:
- The defendant owed them a duty of care;
- The duty was breached;
- The Plaintiff’s accident is directly linked to the breach, and
- The plaintiff suffered a loss in the form of bodily injuries or property loss as a result of the accident.
Most injury cases settle out of court, but some go to trial. Mediation or arbitration can also be used to resolve personal injury cases. Personal injury claims can be filed by victims of all types of accidents, including:
- Toxic exposures;
- Dog bites;
- Car accidents;
- Workplace accidents, among others.
Injury claims can be filed as long as the accident includes an element of negligence. Minor claims attract minimal awards while major or serious accidents attract significant payouts. Also, some claims involve two main parties while others can have more than two parties, especially car crashes involving multiple parties.
Personal injury lawyers help injury victims pursue justice and receive the justice they deserve while ensuring their constitutional rights are safeguarded. The statute of limitations sets the timelines for filing injury claims, which can vary by state.
An experienced and skilled attorney can help you file a claim within the stipulated time. Otherwise, violating the provisions of the statute of limitations potentially invalidates your claim or makes it time-barred.
Common Types of Accident Claims
Research shows that thousands of injury claims are filed annually. Plaintiffs are awarded damages after successful litigation. These payout amounts depend on the following factors:
- The facts of your case;
- The evidence submitted;
- The legal representation of both sides;
- The judge, jury and other court officials, and
- Cooperation of the other side, among others.
From car crashes to medical malpractices, listed below are the common injury claims filed in the U.S.
Car Accident Claims
According to the National Highway Traffic Safety Administration—NHTSA, over 6.7 million car accidents happened in 2018 alone in the U.S. It’s no wonder car crashes account for the majority of personal injury claims.
Contact a lawyer as soon as possible if you or a loved one has been involved in a car accident resulting from the negligence of another person. Negligence can include intoxicated driving, exceeding speed limits, distracted driving, recklessness, and more.
Slip and Fall Accidents
Slip and fall accidents account for many personal injury claims. Elderly individuals suffer more than people of other age groups. These accidents occur when a person slips, falls and sustains injuries like broken limbs or dislocations.
Many slip-and-fall accidents result from the negligence of property owners. Whether a slip and fall accident was caused by wet floors or broken railings, the injured person should be properly compensated.
Medical Malpractices
Medical malpractices are common, but most of them are never reported. Doctors or medical professionals are expected to provide standard care to their clients (patients).
Sometimes doctors fall short of that responsibility, injuring or harming patients. Injuries resulting from medical errors can be life-changing or threatening. Consequently, victims should be completed for physical, emotional, and financial hardships. Medical malpractice can result from:
- Misdiagnosis
- Delayed diagnosis
- Childbirth injuries
- Medication errors
- Failure to Treat
- Anesthesia errors
- Surgical errors
Workplace Injuries
As per the National Safety Council, a worker is injured every seven seconds. Many workplace accidents result from the negligence of employers who have a legal obligation to provide a safe work environment for employees.
Workplace accidents can negatively impact the life of the victim permanently, and cause disabilities, or fatalities in extreme cases. Workers should seek medical attention immediately after an accident and report such incidents to their superiors.
Wrongful Deaths
A wrongful death claim is brought against individuals who cause the death of another person negligently or intentionally. Dependents and loved ones can pursue both civil and criminal action for the same incident.
While defendants can escape criminal liability, they can’t escape civil liability for the wrongful death action. This is because the burden of proof for personal injury claims is typically lower. Children and spouses are the main beneficiaries in wrongful death suits, but this right can be extended to parents, siblings, and other dependents if children or spouses do not exist.
Personal injury constitutes all injuries sustained in private and commercial premises, and on roads. An accident attorney can help you file an injury claim and recover damages for your loss.
