Different situations can lead to personal injuries. Such injuries are directly linked to negligence or unsafe conditions.
“In Pennsylvania, if a person's actions cause you to sustain injuries, then you may be entitled to receive compensation. Also, suppose your injuries result from a person's failure to act. In that case, you may be able to receive compensation,” says injury attorney Derek Layser of Friedman Schuman Layser.
It will help you identify the type of attorney you should engage. In Pennsylvania, some law firms do not handle all types of personal injury cases. This means that to get the needed representation and support, you need to understand the category of your case to know how and where to find an attorney.
This essay discusses five common personal injury claims:
Road Accidents
Road accidents are the most common type of personal injury claim. They can involve cars, motorcycles, or bicycles. Pedestrian collisions are another common type of road accident that may lead to personal injury claims.
Road accidents can either lead to a minor or major injury that may be life-altering. Injuries include minor bruises, traumatic brain surgeries, spinal cord damage, internal bleeding, or broken bones. Regardless of the severity of the injury, when you sustain injuries in a road accident, you may file a personal injury claim.
To receive compensation, you must be able to prove the party at fault. That is, you need to show the negligence of the driver. Negligence may include driving carelessly, speeding, driving under the influence, or disregarding traffic rules.
You should also know that more than one guilty party can be involved in a car crash. This is usually the case when there are multiple car crashes.
To receive compensation, you typically have to file a claim with the insurance company of the party at fault. If the guilty party does not have insurance coverage, you need to consider another means of receiving compensation. One way is to file a claim using your uninsured motorist coverage.
Work Accidents
The second most common personal injury claim is accidents at work. These types of accidents are the least expected. Some of the common causes include slips and falls, electrical hazards, machinery handling, exposure to toxic substances, and falling objects.
These accidents may lead to spinal cord damage, head injuries, fractures, cuts and burns, respiratory problems, or chronic back pain. You may also file for a personal injury claim in case of stress from overuse.
You should know that your employer is legally obligated to provide a safe work environment. They must follow safety protocols and regulations, provide necessary training, and provide protective gear. Failure to meet these standards can make the employer liable for a personal injury lawsuit.
Typically, you may get compensated via worker's compensation insurance. However, when the accident results from the employer's negligence, the worker's compensation insurance does not cover that. So, you may have to file a lawsuit.
Public Area Accidents
This is commonly known as public liability claims. It happens when you sustain injuries due to unsafe public or private areas. Such areas include malls, supermarkets, parks, sidewalks, and parking lots.
When these areas are poorly maintained, injuries may result. Poor maintenance includes failure to dry off wet floors, uneven pavement, or potential falling objects. Accidents suffered in these areas may lead to broken bones, concussions, cuts, and bruises.
Typically, the property owner is obligated to maintain the property. The property owner becomes liable when you suffer an injury due to poor maintenance. However, to successfully receive a personal injury claim, you must show that the owner knows the potential danger and refuses to fix it.
Medical Malpractice
Medical malpractice is a type of personal injury claim that covers the failure of a medical professional to provide standard care for their patient. A standard is defined by the type of care another reasonable professional would give in the same situation.
Medical malpractice cases may include surgical errors, misdiagnosis, delayed diagnosis, drug prescription error, injuries during childbirth, and failure to get consent. If the failure to give standard of care results in injuries to the patient, they may file a personal injury claim.
Injuries from medical negligence are often severe. They may lead to death, internal injuries, disabilities, or infections. The burden of proof rests on you. You must show that the medical practitioner's failure to provide standard care resulted in your injuries.
If successful, victims typically receive compensation to cover their medical bills (both future and past), rehabilitation costs, income loss, pain, and suffering.
Defective Products
You may file a personal injury claim when you sustain injuries due to a defective or dangerous product. A dangerous or defective product includes design flaws or manufacturing defects. Such products include faulty cars, hazardous toys, contaminated food, or defective drugs.
Also, the failure of the manufacturer to provide adequate warnings makes them liable for personal injury claims. These defective products commonly lead to burns, lacerations, poisoning, broken bones, or death.
Liable parties may include manufacturers, distributors, or retailers. Compensation typically covers medical bills, income loss, and other damages.
Final Thoughts
You should know that personal injury claims vary. Knowing the different categories of personal injury claims can help you know where your case fits. It also can guide you on the following steps to take.
Each type of claim has its legal complexities and procedures. However, the goal is to prove the liability for the party at fault and get fair compensation for your injuries.
Once you know where your case fits in will help you know the most suitable attorney to engage. When you involve a lawyer, you increase your chances of winning your personal injury claim. An attorney understands how the system works and how to interpret the law in your interest.
It is advisable to engage a local personal injury attorney who knows how things work in your jurisdiction and will always be available for your case. With a reputable attorney, you strategically position yourself for a favorable outcome.
