Tuesday, August 9, 2016

5 Common Personal Injury Claims


1. Auto Accidents
Vehicle accidents are the most common type of claim. An estimated 37,000 fatalities and an additional 2.35 million injuries occur every year in the US from auto accidents [1]. Although the term auto accident implies that no person is at fault—thus the term accident—which is often not the case. Vehicle crashes can be caused by distracted drivers, poor weather conditions (like wet or icy roads, rain or fog), improper road maintenance, or faulty traffic signals just to name some of the possible causes.
The term auto accident—for personal injury claim purposes—also extends to cover pedestrian and bicycle collisions. Unfortunately, auto accidents are on the rise due in large part to distracted driving as a result of technology as more people look at their cell phones to text, navigate, or play games. Globally, auto accidents rank as the 9th leading cause of death, but by 2030 that placement is expected to reach 5th. [2]
If you or your loved one has been injured in an auto accident, see a doctor right away. Even if you feel fine. There may be injuries that you do not notice right away because of the body being in shock. If you think you were not at fault, contact an attorney rather than dealing with the insurance company directly.
2. Premise Liability 
(Also termed: Negligence and Public Liability)
Premise liability injuries are typically sustained in a public area—though they can occur at privately-owned places—where someone’s negligence has caused harm or death. A common example of premise liability is a “slip and fall,” but there are other types as well. Some examples may include a store leaving something in the way, causing an injury; something unsecured falling from above; failure to follow building codes or failure to designate an area as dangerous, causing injury. Unsafe conditions cause at least 9 million accidents each year [3].
This type of injury is so common because it can happen anywhere to anyone; we all walk around the world—every day. Proving fault or negligence from the property owner is not always possible, but an experienced attorney should evaluate the situation for you. You don’t want to live the rest of your life in pain without proper compensation.
3. Worked-related Injuries
Injuries that are caused while at work are considered work-related personal injury. Roughly 3 million worked-related injuries occur every year in the US. Your employer is responsible for keeping you safe and healthy; it is their legal responsibility. Illness related to your working conditions is also considered a work-related injury, like asbestos-related illness or mesothelioma. If you are injured on the job, a worker’s compensation claim should be filed.
Percent of work-related injuries by category each year:
>       Falls: 39.9%
>       Electrocutions: 8.2%
>       Struck by Object: 8.1%
>       Caught-in/between (like a construction worker being crushed by equipment): 4.3%  [4]
4. Medical Malpractice  
Medical malpractice is also a very common personal injury and is also one of the most controversial. In this case, the plaintiff must prove malpractice caused injuries and that the doctor or medical care provider did not provide reasonably competent care (also called medical standard of care), which can be relatively hard to do.
While frivolous personal injury lawsuits do occur, valid lawsuits are more common than you might think. An expert medical witness is almost always required to testify that a reasonable standard of care was not provided. Your attorney can help you find someone qualified to testify. Dental accidents may be included in this also.
5. Product Liability  
Defective or damaged products cause thousands of personal injury claims a year. There are numerous laws that require products, sellers, and manufactures to maintain a reasonable expectation of function and safety. These types of claims are usually brought against the manufactures or sellers of defective products. For this claim to be valid, the product must be used as intended. This category yields the second highest settlements of all personal injury cases, perhaps since large companies have lots of money and want to protect their reputation. Common products that can be defective are:
>      Toys
>      Clothes
>      Tools
>      Food
>      Drugs
>      Vehicles
>      Heavy Machinery
At the Dolman Law Group, our skilled personal injury lawyers will protect your rights under Florida law to make sure you receive all of the compensation that you deserve. Please call our office at 727-451-6900 today.

References:
1 http://asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics
2 Ibid
3 https://nfsi.org/nfsi-research/quick-facts/
4 https://www.osha.gov/oshstats/commonstats.html