What is a Personal Injury Claim?

What is a personal injury claim?

Personal injury is a broad category of claims. It involves any situation in which bodily harm is sustained as a result of the fault of some other person or entity. This can be a result of negligence, gross negligence, recklessness, or even intent. Below we will discuss some common examples of personal injury claims.

Automobile Accidents

Accidents involving automobiles are one of the most common personal injury claims. According to the Florida Department of Highway Safety and Motor Vehicles over the three-year span between 2018 and 2020, there were an average of 382,297 crashes. Individuals involved in collisions commonly sustain injuries including whiplash, soft tissue, traumatic brain injuries, broken bones, etc. Florida is a No-Fault State as such personal injury claims brought as a result of car accidents have some requirements in order to claim certain damages. Typically these claims arise out of negligence which is defined as the failure to act reasonably under the circumstances. Although people tend to argue these are merely accidents, automobile crashes would not occur if someone did not make an error. Even though an individual may not have intended to hurt you, the law holds people accountable for making avoidable mistakes.

Products Liability

These claims arise out of a defective product that results in the injury of an individual. Some prevalent examples are defective airbags, phones, tires, etc. There are several theories of liability that can be brought against the various entities involved in the process that brings the product from the manufacturing stage all the way to the final consumer. Product liability claims tend to be exceedingly complex and require several expert witnesses to prove your claims.

Medical Malpractice

Claims due to medical malpractice arise from a doctor’s failure to meet the standard of care for a physician in their practice. Medical malpractice claims can vary from misdiagnosis to improper performance during surgical procedures. The statute of limitations for medical malpractice is shorter than a general negligence claim in Florida and has strict requirements before a lawsuit can be filed. If you believe you have been harmed due to a doctor’s error, it is important that you immediately consult with an attorney. Most personal injury and/or medical malpractice attorneys provide free consultations to provide you with their opinion as to whether you have a claim.

Premises Liability

This group of claims is another broad category to encapsulate injuries that occur on the property of others. Typically these claims are known as slip and fall or trip and fall incidents. However, these are not the only types of claims that fall under the premises liability category. Property owners owe specific duties to those that happen upon their property depending on the individual’s status upon that property. Namely property owners owe two specific duties: the duty to maintain the property in a reasonably safe condition and the duty to warn of hazardous conditions. Again these duties differ depending on whether the individual is classified as a trespasser or invitee/licensee. In a premises case, you must be able to prove notice of the alleged hazardous condition. This means that you will have to prove that the property owner knew or should have known about the condition and failed to do anything to correct it.

Although the above categories are some of the most common classes of personal injury, they are not the only types. If you believe you were harmed as a result of the conduct of some other person or entity, you should immediately contact an attorney to discuss your potential claim. Evidence tends to disappear as time passes. If you wish to prove your claim you will need to get to work immediately on obtaining this evidence.