Personal Injury Cases
If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.
Slip and Falls
Top 6 types of personal injury
There are many types of personal injury. The following are the top types of personal injury cases and what you need to file a claim.
At the scene of the accident:
Make sure everyone is okay or receives immediate medical care.
Call the police and request an officer at the scene, even if the accident seems small. A police report from the scene can help determine which driver is at fault.
Gather information. Get the names and phone numbers of everyone involved, including witnesses. Also take photographs of the accident before moving vehicles if you can.
Try not to make statements that indicate fault. Apologies can be interpreted as guilt rather than a polite gesture.
After the accident:
Receive any needed medical treatment as soon as possible. Tell your doctor that you were in an accident.
Be sure that you complete all of the treatments prescribed by your healthcare professional.
Keep a journal of your bills, medications, treatments, and other medical expenses.
You must also contact your insurance company and the insurance companies of those involved. Keep all records of your expenses and needs, such as a rental car or bus fare. Be careful when you speak to someone else’s insurance company. Other insurance companies must protect their clients first, and your statements can be recorded and misinterpreted.
2. Medical Malpractice
Medical malpractice means that a health-care provider did not give you the standard of care that other medical professionals would provide under similar circumstances. You must also prove that the health-care provider's negligence caused damage to you. Most medical malpractice attorneys do not pursue such cases unless injuries and and damages are documented in your records. Your case must also be reviewed and supported by a physician, who will serve as an expert witness.
3. Slip and Fall
Personal injury resulting from a slip and fall case]must meet one of these criteria:
The owner or employee must have caused the dangerous surface.
The owner or employee must have known about the dangerous surface and not done anything to try and fix it.
The owner or employee should have known about the dangerous surface because reasonable person would have known about it and tried to fix it.
Judges and juries will determine if the owner or employee of the place where you fell took steps to fix the dangerous spot or warn you about it. However, they will also try to find out if you had a good reason to be in that dangerous spot. They will also want to know if you were distracted or if a reasonable person would have avoided the dangerous spot.
There are two types of defamation:
Libel: the defamation of a person, group, organization, product, government, or country that was made in written or printed words or in pictures.
Slander: the same thing as libel but the defamation is in the form of spoken words, sounds, sign language, or gestures.
You may have a defamation case if the false statement was said as if it was a true statement and caused damages. Remember that it is important to document both the false statement and the damages that occurred, such as lost income and mental health care.
The laws for dog bites vary by state. Some states place strict liability laws on dog owners, meaning the owner is responsible for the bite or attack even if they tried to protect you. Some states require that you must provide proof that the the owner knew the animal had the potential to be dangerous. As with all personal injuries, it is important to document your injury and the damages, like any lost wages and hospital bills. To better understand your state's laws, contact a lawyer.
6. Assault and Battery
The legal system often links these two terms. However, they have slightly different criteria, and the exact definitions of the two terms vary by state. Contact a lawyer or the police in your area if you've experienced an assault or battery.
Usually, physical contact is not necessary for an assault to occur. Spoken words must also be accompanied with an action that makes you or a group of people afraid of being injured. You must also prove that the other person intended to harm you or your group. In other words, you can't be accidentally assaulted.
Like assault, the definition of battery also varies in each state. Generally, a person must intentionally and harmfully touch you without your consent. As with assault, a person cannot accidentally batter you. If you are bumped in a crowd, no matter how offensive it may seem to you, you usually cannot press battery charges.