If you have been a victim of an accident and have suffered any sort of personal injury, you can choose to file a personal injury claim. The personal injury law or the tort law will allow an injured individual to get compensation when he is injured or harmed due to the negligent or intentional act. Many situations could give rise to a personal injury case and every situation is not something which can lead to liability. Only when you know the different types of personal injury cases, you can file the right type of claim. Here are the different types of cases you can claim compensation for.
Car accident case
There is a significant rise in the number of car accident incidents in the country. When an accident takes place, it is because somebody is not abiding by the rules of the road or is not driving as carefully as he or she should. Reckless driving can lead to injuries from a car accident and the driver can be held financially responsible for the same. However, there are certain exceptions to the case where drivers do not need to claim from their own insurers apart from the cases that have led to a serious injury. Justin Kimball from Preszler Law NS (http://www.preszlerlaw-ns.com/) says that in any accident, the method used to determine fault varies based on the type of claim being made.
A medical malpractice claim will arise when the doctor or a health care professional fails to provide reasonable and competent care and an injury is caused to the patient due to the same. It can be a really complex personal injury claim and has a tedious court procedure as well.
Slip and fall cases
A very common type of personal injury case is a slip and fall case. The owners of a property who rent it out have the responsibility to keep their premises safe and ensure that it is free from any hazards. This is to ensure that anybody who enters the property does not get injured. Every injury will not lead to liability but it is best to take precautions. The nature of the landowner’s legal responsibility will vary based on the situation and according to the law which is in place in the state in which the injury incurred. Slip and fall claims are based on the premises liability rules and the right professionals can help you with the same.
Defamation of an individual’s character refers to the fact that a person can suffer an injury to their reputation due to untrue or false statements. What the defamation plaintiff needs to prove will vary according to the situation and the forum will make a decision. An individual is required to prove to the court that a particular untrue statement was made and it led to a financial loss to him or her. Public figures and celebrities need to prove actual malice which means they need to prove that an untrue statement was made with an intention and with reckless disregard to the truth about the statement.
Assault and Intentional torts
This is an exception to personal injury cases. Intentional torts are not related to the accidents which are caused by carelessness and negligence. In this case, one person harms or injures the other with an intention. It involves the added aspect of a criminal case on the perpetrator. When an individual physically attacks another, he will face significant criminal charges and the victim also has the right to file a personal injury lawsuit in the court and make a claim for compensation for the injuries caused to him.
If you have been a victim to an intentional or unintentional accident, you need to ensure that you file the right type of claim in the court of law. You might have to hire an attorney for the same to ensure that the legal procedure is complete on time. The attorney will be able to guide you throughout the case and will assist you in getting your hands on the right evidence which will help increase the compensation you receive from the insurance company. Keep in mind that the insurance company will try to reduce the amount of compensation but if the case is presented in the right manner by the right professional, it will help settle the case in time and you will be able to receive maximum compensation for the damages you suffered.