The media often portrays personal injury claims as money grabs made by shifty individuals, but the reality is that personal injury claims are necessary for many people. Many injured individuals are left unable to work while dealing with piles of medical bills, and a personal injury claim can be necessary to make it through. Here are a few types of common personal injury claims and the reasons why they are filed.
Workers’ Compensation Claims
Workers’ compensation claims are filed when someone is injured on the job. To file a successful personal injury claim, the worker must demonstrate that they have an injury and prove that the injury was caused by the negligence of their employer. A good example of this is the people diagnosed with mesothelioma who have filed claims against their former employers. These claims have been successful because the employers willingly exposed workers to asbestos, the only known cause of mesothelioma, without telling them.
Medical Malpractice Claims
Medical malpractice claims are generally filed when a patient has been harmed in a preventable way by a medical professional or medical organization. For example, if a nurse gave a patient the wrong medication, or if a surgeon left a medical sponge inside of a patient’s body, these patients would suffer unnecessary and potentially financially costly consequences, due to the negligence of their medical professionals. Patients filing medical malpractice claims will generally have a medical expert as a witness on their behalf to demonstrate that the medical professional or organization was guilty of negligence.
Product Liability Claims
Consumers rightfully expect that products placed on the market are safe for use. Product liability claims are filed against manufacturers when people are hurt by products due to manufacturer negligence. For example, if defective vehicle parts lead to an accident, the person who purchased that vehicle could file a claim.
Car Accident Claims
One in four Americans will get into a car crash at some point in their lives, and most of these crashes do not lead to personal injury claims. However, if you’d been hurt badly in a car accident, and the accident was the fault of the other driver, you would file a claim for compensation for the suffering and financial loss you suffered due to your injuries. A good example of this is if an individual is hurt after being hit by a drunk driver. In this situation, the other driver showed negligence by driving while under the influence. If you file a claim for your injuries that an insurance company rejects, you can consult a car accident lawyer to help you appeal that decision and possibly take the case to court if necessary.
These are a few of the most common types of personal injury claims and the reasons people tend to file them. There are many other types of claims that get filed each year, but all personal injury claims have in common two things: that the party filing the claim suffered large losses due to an injury, and that the individual or organization responsible showed demonstratable negligence that led to the injury.