Dolman Law Group is an award winning Clearwater car accident and personal injury law firm. Matthew Dolman has been selected as a Florida Super Lawyers in 2013, 2014 and 2015 by his colleagues. Mr. Dolman has been nominated as a top 100 trial attorney and top 40 under 40 by National Trial Lawyers. He is a lifetime member of both the Million Dollar and Multi-Million Dollar Advocacy Forum.
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 .
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.
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
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 .
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
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:
>Struck by Object: 8.1%
>Caught-in/between (like a construction worker being crushed by
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.
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:
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.