In a personal injury case, the dispute arises when another individual or entity may be held responsible for the injuries acquired by a person who suffered from the accident. The average settlement depends on the type of personal injury acquired by the individual. In line with this, below are some types of personal injury accidents and how they are resolved.
The most common type of personal injury case stems from car accidents. In this case, a driver, a passenger, or a pedestrian involved in the accident may be duly compensated for their injuries and financial loss. There are instances wherein the claim is made against an insurance company, but there are also cases wherein the claim is made against the driver at fault.
Slip and Fall Cases
Another type of personal injury accident is a slip and fall case wherein an individual may sustain injuries because a private or public entity fails to provide a safe environment. However, it is important to keep in mind that not all slip and fall cases may resort to immediate liability. There is a greater chance for you to prove your claim with the help of a personal injury lawyer who will help you present conditions of the unsafe environment and the negligence of the entity to keep it that way. Lawyers who specialize in these cases will help you maximize the compensation that you can get for your injuries.
There are workplaces that are more hazardous than others such as construction sites or warehouse jobs. But the risk of being injured while on duty is present in most, if not all places of work. The accidents occurring in the workplace can also be considered as personal injury cases. However, being able to prove negligence is the key to being compensated for your case.
Medical malpractices that result in personal injury include the failure of a doctor to provide an accurate diagnosis or an error that occurs during surgery. In some cases, childbirth, anesthesia, and medication errors can also lead to a personal injury that falls under medical malpractice. However, you need to be able to prove that the lack of care of the medical professional resulted in you having to sustain your injuries.
- Phases of the Claim
In order to resolve a personal injury accident, you need to undergo several phases of the claim. Initially, you need to be able to gather sufficient evidence for your claim by gathering your medical records and expenses and documenting the loss of your earnings, as well as the statements of witnesses. You also need to notify concerned parties such as insurance companies. In case a settlement cannot be reached, then a lawsuit can be filed in court, which marks the beginning of litigation, or the process of taking legal action.
When a lawsuit is filed, documents need to be prepared such as written discovery, wherein parties are permitted to send written questions to each other. Record subpoenas are also sent to the entities which are not a party to the lawsuit. Depositions as well as physical and mental examinations are also gathered. All these need to be presented before the trial or the court proceeding.
In conclusion, there are numerous types of personal injury accidents and the most common ones include vehicular accidents, slip and fall cases, workplace accidents, as well as medical malpractice. There are still other types of personal injury cases but generally, these are resolved by the proper settlement or an application of a lawsuit in case a settlement is not agreed upon. Rest assured that you will be compensated for your injuries as long as you have strong evidence, along with the best lawyers.