Legal News

11-Nov-2022

The Different Types of Personal Injury Claims: What To Know

When you are injured in an accident, it can be confusing and overwhelming. You probably want to get as much money from the other person as possible. However, you might not know what type of claim to file or how to file one at all. This is especially true if the insurance company won’t give you details about making a claim. If you are injured in an accident, the parties involved may have liability for your injuries. Each state has different laws regarding personal injury claims, but there are common themes across all of them. Understanding these types of claims can help you determine which one is best for your situation. If another party injures you due to their negligence or recklessness, they might owe you compensation for your medical bills, lost wages, and pain and suffering. There are several types of personal injury claims based on the cause of your injuries. With this article, you will learn about the different types of personal injury claims so that when an unexpected accident occurs, you will have a clearer understanding of your legal rights and options moving forward. Here’s what you need to know

What Is a Personal Injury Claim?

A personal injury claim is a way to file a lawsuit against another individual or company for your injuries sustained. You can file a personal injury claim if you have suffered harm due to someone else’s negligence or recklessness. There are many types of personal injury claims. They include negligence, strict liability, assumption of risk, and expectation loss. Each of these types of claims has a set of “bases” that you must meet before you can file that type of claim. To file a personal injury claim, you must be able to prove that another person or company is legally responsible for your injuries. In the United States, you must file a personal injury claim within two years of the date you were injured. However, there are some exceptions to this rule, such as fraud or false imprisonment. You should consult a personal injury attorney to help you navigate the process of filing a claim.

Negligence Claims

Negligence is the failure to use reasonable care in a situation that causes injury to another person. The person on whom you are filing the claim is responsible for your injuries if they acted negligently. You could file a negligence claim if your injuries were due to a person’s carelessness, such as if they drove carelessly and caused a car accident in which you were injured. Negligence cases can be complicated. You might need to find multiple “relief defendants” to hold responsible for your injuries. This means that a single-car accident might have multiple parties responsible for the accident, such as the car owner, the person who was driving, the company that made the car, and the road maintenance teams. This can make proving negligence difficult, but it is possible. In a negligence claim, you must prove that the person you are holding responsible for your injuries failed to use reasonable care in a situation that caused you injuries. You might have to prove multiple things, including the following: 

• Duty - Breach - Injury 
• Causal connection between the breach and the injury 
• Proximate cause between the breach and the injury 
• Reasonable foreseeability of the injury 
• Reasonable foreseeability of the breach 
• Reasonable foreseeability that the breach would cause the injury

Strict Liability Claims

Strict liability is a type of negligence that can occur when an individual causes you harm while engaging in a certain activity. In many states, you can file a strict liability claim if you were injured as a result of a defective product. You can also file this type of claim if you were injured by a person while they were engaged in a professional activity, such as a doctor performing surgery negligently. There are two ways to prove strict liability in a personal injury claim: - The product’s defect caused your injury - The professional’s conduct was so negligent that it was “trespassing” against your right to be safe Strict liability claims are complicated because they require you to prove that the product or professional activity was defective. You must present evidence that the product’s design caused your injuries or that the professional acted so carelessly that it was “trespassing” against your right to be safe. This is a challenging type of claim to prove. You may need expert witnesses and access to the product’s design and/or professional records to fully understand how it was defective and caused your injuries.

Assumed Risk Claims

Assumed risk is when you voluntarily assume the risk of harm from a certain situation and are, therefore, not eligible for compensation for the injuries you sustain from that situation. You would file an assumed risk claim if you sustained injuries from an inherently dangerous situation, but you voluntarily and knowingly put yourself in that situation. For example, you might assume risk by voluntarily climbing a cliff that you know to be dangerous. You might be injured while climbing the cliff, but you would not be eligible for compensation since you were aware that the cliff was dangerous and caused your injury. You must prove that you voluntarily assumed the risk of harm to file an assumed risk claim. You may also have to prove that the person you are filing the claim against did not contribute to your assumption of risk. You can prove this by showing that the other person did not encourage you to assume the risk and that they warned you of the dangers of the situation.

Expectation Losses Claims

An expectation loss is the amount of money you would have made in your life had you not sustained an injury. For example, if you lose an eye due to an accident, you will not be able to make as much money for the rest of your life. You can file an expectation loss claim to recover the money you would have made but cannot because of your injuries. Several factors affect expectation losses, including your age and earning potential. You can claim expectation losses if you sustain an injury that reduces your earning potential. You can recover expectation losses even if you do not suffer a financial loss, such as if you are too young to earn money.

Defamation and Discriminatory Behavior Claims

Defamation is the act of damaging another person’s reputation through false statements. You can file a defamation claim if someone intentionally makes false statements about you that damage your reputation. For example, if you sue an individual for negligently causing an accident in which you were injured, they might accuse you of being at fault for the accident. This false statement damages your reputation and is considered defamation. You can file a defamation claim against the person who made the false statement. The court will award you damages for the harm caused by the false statement, including harm to your reputation. You might have to prove that you were harmed by the false statement and that the person who made the false statement knew it was false when they said it.

Conclusion

The types of personal injury claims discussed in this article are not the only types of claims you can file. There are many ways for you to get compensated for your injuries if another party is responsible for them. The most important thing is to know your rights and understand what type of claim is best for your situation. When you are injured, you can be unsure of what to do next. This article will help you understand the different types of personal injury claims, how they work and how you can file one against the party responsible for your injuries.