Types Of Personal Injury Claims
If you have sustained an injury, you can claim damages from the wrongdoer. The process of claiming damages will depend on the circumstances of your case and the type of injury claim. Your personal injury attorney will help you gather the necessary evidence and go through the appropriate processes to receive compensation. Here is a look at some common types of personal injury claims.
Car Accident Cases
Many personal injury claims in the U.S. involve auto-accidents. In order to claim compensation for a car accident, you need to prove the negligence of the driver. However, there are cases where you may share the blame in a car accident.
In cases where you are partially responsible for a car accident, you may only be able to collect damages based on your degree of negligence. Your personal injury lawyer will advise you on whether contributory or comparative negligence applies to your case. In many cases, to get damages, you need to prove that the driver owed you a duty of care and that you were injured when they breached their duty of care.
According to reports, gunshot wounds account for approximately 14,000 fatalities and 115,000 non-fatal injuries every year. Personal injury claims based on intentional torts are on the rise. The perpetrator of assault may face criminal charges, and you can also sue them for damages for your injuries.
Unlike other personal injuries based on negligence, assault is classified as an intentional tort. An intentional tort is when a person intentionally harms another person. Common examples of intentional torts include assault, battery, and sexual crimes. To prove a personal injury caused by an intentional tort, your personal injury lawyer will need to show that the defendant intended to harm you.
Another common personal injury claim involves medical malpractice. However, to claim medical malpractice, you need to show that your injury was caused by the practitioner's negligence or recklessness. Therefore, you do not automatically have a valid claim if something goes wrong with your condition.
Medical negligence is when a practitioner provides sub-standard care to their patients. This means the practitioner does not provide the type of reasonable care that another doctor would offer in the same circumstances. Sometimes your claim may be based on the doctor's recklessness. An example of recklessness is when a doctor performs a medical procedure while intoxicated. In such a case, you can claim that the doctor acted recklessly. Another example is when a doctor offers lethal levels of medication.
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