5 Most Common Types of Compensation Claims

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(Newswire.net — August 27, 2020) — Personal injuries are among the most common types of injuries that happen every year. In fact, they are the most common type of injury that occurs every day. The reason is that personal injury covers a very broad category. To the layperson, a personal injury might sound simply like an injury that you experience yourself, such as falling off a bicycle and spraining your wrist. However, the legal definition of a personal injury is an injury that someone suffers due to another’s negligence. In other words, a personal injury is not the fault of the person who received that injury.

That is why anyone who experiences a personal injury is entitled to receive compensation from the insurance company of the party responsible for that injury. They will need it to cover the expenses caused by the accident like medical bills, repair bills, or lost wages. A personal injury attorney will be necessary if anyone wants to file a personal injury claim because they can help to gather evidence that implicates the guilty party and they can negotiate with the insurance company to get a fair settlement offer. If you suffered a personal injury and live in the Orlando area, then you can learn more from fasigbrooks.com.

1. Vehicle Accident Claims

It should come as little surprise that auto accidents are among the most common kinds of personal injury claims. After all, car accidents are an unfortunately common occurrence in our everyday lives. Most car accidents are not too serious but even the milder ones can still cause some damage that needs to be repaired; and of course the more serious vehicle accidents could cause severe injuries. 

In many of those cases, the accident was caused by the negligence of another driver. Driver negligence means that the operator of a vehicle was exhibiting some sort of irresponsible behaviour behind the wheel, such as being intoxicated, speeding, being distracted, or ignoring traffic lights and street signs. When a driver’s negligence causes an accident, the victim is entitled to get compensation from the perpetrator’s insurance company.

2. Premises Liability

This simply means that someone experienced an accident on someone else’s property that was due to the property owner’s negligence. A slip and fall is the most common kind of premises liability accident and happens when there is a dangerous condition on the property. A dangerous condition could be anything from a slippery surface where a spill occurred, to a poorly lit area. If the property owner or manager was aware of the problem and did nothing to fix it or warn people about it, then they can be held liable for any injuries that occur.

3. Workers Compensation

Workplace injuries are fairly commonplace, particularly in high-risk industries like construction or logging. Fortunately, employees have workers compensation to take care of their needs when they suffer an injury. A workers compensation claim does not only cover immediate physical injuries like broken bones, it can also cover injuries that occur over time, such as lung injuries caused by breathing in toxic substances. Workers compensation is different from the compensation in other personal injuries because it is automatic. 

The victim does not have to gather evidence and track down who was responsible for their injuries. If a worker gets injured, then they fill out the requisite forms and their employer takes care of the rest. No lawyers need to be involved. The only time that an attorney might get involved is if the employee’s claim was denied. 

4. Medical Malpractice

Doctors and medical professionals make mistakes too and sometimes those mistakes can lead to injury of the patient that they were treating. Medical malpractice cases can sometimes be tricky because the injured party already had a condition that made them unwell and led them to seek treatment in the first place. That means in some cases, it can be difficult to tell if their injury was caused by malpractice or if it was a pre-existing condition. 

Medical malpractice can involve various kinds of negligent behaviour such as performing the wrong surgery, prescribing the wrong medication or prescribing the right medication in the wrong dose, or failing to provide the appropriate follow-up care after a medical procedure.

5. Product Liability

This is when a defective product causes an injury to the user even when that person was using the product as intended. A product liability claim could be anything from a car with a defective airbag, contaminated pharmaceutical products, or a product with poorly written instructions. Product liability cases can be a little complicated because there is likely to be a big corporation involved, which is why it is important that the victim get a personal injury attorney to represent them.

A Personal Injury Attorney is a Vital Asset in a Compensation Claim

With the possible exception of workers compensation, a personal injury attorney is needed for every type of compensation claim. The reason is that a lawyer can handle all of the complicated legal situations that arise from a personal injury case. So if you end up suffering a personal injury you should contact an attorney as soon as you can. They can be the difference maker in whether or not you get the compensation you need.