What Are Personal Injury Claims?

personal injury claims typed on old time typewriter
May 23, 2018
Legally Reviewed By Attorney Rand Spear, Esq.

Personal injury cases are the most common type of lawsuit filed in the U.S. every year. Generally, personal injury refers to the physical and mental injuries to a person, caused by someone else’s negligence. The injuries may be minor, or they may be serious enough to cause a person’s death. When an injury like this takes place, the injured party (or surviving family) may have a personal injury case that entitles him or her to compensation for lost wages, medical bills, and pain and suffering.

Proving Fault in a Personal Injury Case

In order to win a personal injury case, Pennsylvania law requires you to prove three things:

The party who caused your injuries had a responsibility to not injure you and failed to live up to that responsibility.

There is a connection between the other party’s responsibility and your injury.

You suffered damages, or a financial loss, as a result of your injury.

Types of Personal Injury Cases and Liability

While some types of personal injury cases may be familiar, due to their prevalence, there may be some that you are unaware of. The following lists types of personal injury lawsuits and who is liable:

Negligence – The person or the company who was negligent is liable.

Medical Malpractice – The doctor or other medical professionals who were negligent is liable. Hospitals and other medical facilities can also be liable for negligence.

Assault or Battery – The person who deliberately caused the injury is liable.

Strict Liability – The person or company engaging in the dangerous activity, or who have helped to put the product on the market, is liable.

Product Liability – Anyone with a role in putting the product on the market could be liable. Often, this person or company is someone involved with the sale of the product in the regular course of business.

Wrongful Death – Whoever is responsible for the injury causing death is liable.

Most Common Types of Personal Injury

Personal injury cases can come in many forms as long as the three required elements are met. These are some of the most common:

Injury caused by a defective product. All products have a requirement to be safe when they are used as intended. When they are not, it means that a manufacturer, designer, or distributor can be held strictly liable for injuries that result, and the injured person may be entitled to compensation.

Injury caused by a dangerous or defective drug. Medications have safety standards that they must meet. Unfortunately, sometimes unsafe drugs are released and prescribed. This will often result in a class action lawsuit being filed, but an injured person may be able to bring a private suit as well.

Injury caused by a car accident. Car accidents often cause injuries, and those at fault can have a personal injury lawsuit brought against them.

Injury caused by a dog bite. Dog bites are judged under a strict liability standard, and that entitles those who are bitten to sue dog owners.

Injury caused by someone else’s intentional behavior. Physical and sexual assault claims are included under both criminal and tort law, and they make up a large number of personal injury suits each year.

Injury caused by a slip and fall. Public places have a duty to make their premises safe for employees, customers, and other visitors. When they don’t, and a fall results from the danger they created or allowed to exist, the injured party may be able to recover damages.

Injury caused by medical malpractice. Doctors and medical professionals have a responsibility under the law to provide patients with reasonably competent care. When they don’t meet this standard of care and a patient is harmed or dies as a result, they can be sued.

Injury caused by misdiagnosis. Misdiagnosis is a form of medical malpractice that can also lead to damages. If your doctor doesn’t diagnose a medical condition you have, when a reasonable doctor would have made the diagnosis, then you may be able to sue if the condition was made worse as a result of the misdiagnosis.

Get Help with Your Personal Injury Case

Personal injury cases are sometimes settled before ever making it to trial. Negotiations take place in an effort to come to an agreed upon financial recovery that is satisfactory to both sides. In order to receive what you are entitled to, it’s important that you have a personal injury attorney in your corner to advocate for you.

If you or a loved one has been injured due to someone else’s negligence, you may be entitled to compensation. Get the representation and guidance that you need to proceed with your claim and get the compensation you deserve. Contact personal injury lawyer, Rand Spear, for help with your case.