A personal injury claim can take many forms, depending on what caused the injury and who was negligent in the given incident. Some of the most common forms of personal injury claims include auto accident claims, medical malpractice claims, premises liability claims, and dog bite claims. Then, there are the more specific injuries and circumstances that are involved in these claims, such as brain injuries, auto accidents involving commercial vehicles, and claims that involve the government as the liable party. Today, we’ll look at these common types of personal injury claims and the common factors that are involved.
Auto Accident Personal Injury Claims
By far, the most common form of personal injury claim is the auto accident claim. This is also the type of claim that often involves the most serious injuries. Auto accident injuries can be fatal or result in lifelong disabilities, permanent scarring, and significant psychological harm. They are often caused by driver negligence in the form of distracted driving, intoxicated driving, drowsy driving, speeding and aggressive driving, and not obeying the rules of the road.
Whenever an auto accident occurs, the victims need to obtain as much evidence at the scene as they can and seek medical treatment, even if the injuries are not urgent. There is an adrenaline rush associated with auto accidents and other traumatic events that can initially mask the pain of injuries. Yet, delaying care can make injuries worse and damage your claim for compensation. The more evidence you collect, in the form of photographs, witness statements, etc., and the faster you seek treatment and legal advice, the stronger your case will be when you pursue an auto accident claim
Medical Malpractice Personal Injury Claims
Medical malpractice is another form of personal injury claim that can have devastating consequences. It occurs when you are misdiagnosed, provided with the wrong treatment, or subject to any of a variety of medical mistakes. To prove such a case, you’ll need to have an established relationship with the medical professional, and evidence that he or she did something that was wrong or failed to do something through negligence.
Medical malpractice claims are notoriously difficult to prove and involve going up against the skilled attorneys of the medical professionals involved. You need to keep track of your medical records, and work with a skilled attorney, yourself, in order to prevail.
Premises Liability Personal Injury Claims
Premises liability personal injury claims result from accidents and injuries that occur on the property of someone else, be it a homeowner or business owner. The most common example of such claims is found in the slip and fall category of premises liability. This is where someone slips or trips on a hazard that is on the property of another. It might involve slipping on ice that should have been removed, tripping on damaged carpeting that should have been fixed, or slipping on something that spilled and was not cleaned up in a store, for example.
Premises liability claims can also be pursued for other accidental injuries that occur on someone’s property. It might involve a fire, a falling object, or something that breaks and causes injury while you are in a store or someone’s home. If you have a premises liability claim, you should collect as much evidence as you can at the scene, and seek medical and legal assistance right away. You might take photos of the hazard and the injuries, for example.
Animal Bite and Attack Personal Injury Claims
Animal bite and attack personal injury claims most often involve dogs, though other pets may be involved in such claims, too. Some states have a ‘one bite’ rule for dogs, meaning that the owner will not be held liable for the first time that their dog bites someone, as they are presumed to have been unaware of the dog’s likelihood of being aggressive. However, both Missouri and Illinois do not have a ‘one bite’ rule. Rather, Missouri and Illinois both have a strict liability statute for dog bites.
This means that it doesn’t matter whether or not the dog owner knew that the dog was aggressive or whether the dog had ever bitten or attacked someone in the past. The owner will still be held liable for any injuries and damages that are caused by their pet. The only exceptions to this rule would be in situations where someone is trespassing on private property or where the person was intentionally antagonizing the dog.
Personal Injury Claims Involving Brain Injuries
Brain injuries can occur in many different personal injury claims. They can be caused by an auto accident, a sports injury, a falling object, a slip and fall accident, and more. These are common and often life altering injuries. They range from mild concussions to serious traumatic brain injuries, which can impact cognitive functioning, coordination, and even a persons’ personality. Many people with brain injuries end up with permanent disabilities.
Auto Accident Personal Injury Claims Involving Commercial Vehicles
When an auto accident involves a commercial vehicle, such as a semi-truck, this can result in even more devastating injuries for the victims. It can also involve different forms of evidence and liability. This is because commercial drivers are held to a higher standard of care. They are supposed to ensure that their vehicles are well maintained and that they are getting enough sleep and not driving for an excessive amount of hours. They also involve the liability of companies, such as cargo companies, for example, which means a team of attorneys who will be arguing on behalf of the company and the driver. The sooner you contact your own attorney, the better off you will be when it comes to building a strong case.
Personal Injury Claims Involving the Government
Sometimes, a personal injury claim will involve a government entity as the liable party. This may happen in an auto accident that is caused by road construction or inadequate road maintenance, for example. The rules and laws are different when the government is the defendant in a personal injury claim. You’ll want legal advice for the best possible outcome and to make sure that you don’t miss any necessary steps.
Regardless of what kind of personal injury claim you have or who it is against, contact a skilled St. Louis personal injury claim attorney at Walton Telken, LLC for more information and advice.
The information provided by Walton Telken, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
