Thursday, May 19, 2022
More

    Personal Injury Cases 101

    According to the stats, each year witnesses millions of personal injury cases. Some of these injuries are grave and fatal. 2009 saw a whopping 2.2 people injuries from car accidents. Still more, 33,000 people were killed in car accidents in 2009. These stats are worrying. Many families are agonizing. Luckily, you can file a personal injury lawsuit and get compensation. To get the most out of your lawsuit, you must understand the type of case you have. The following are common types of cases. Understand them for the best results when it comes to filing for compensation.

    Medical Malpractices

    Common in hospitals and other health centers, medical malpractices involve involves negligence from the side of doctors. Injuries that involve negligence from doctors, nurses, and hospitals are regarded as medical malpractices. Common types of medical malpractice include:

    Misdiagnosis—Misdiagnosis is when a doctor diagnoses you for the wrong disease or condition. This type of medical malpractices can result in more complications. You have the right to sue the doctor for medical misdiagnosis.

    Improper treatment—if your doctor doesn’t treat you properly, this amounts to medical malpractice. As a patient, you can sue that doctor for improper treatment. For instance, if your doctor fails to dress your wounds properly, you can sue him/her for negligence.

    Medication errors—medication errors include administering wrong medicines, expired medication, etc. to patients. These errors can cause injuries on your side. As a victim, you have the right to appeal for medication errors. Don’t let these errors cost your life. Hire a Waukegan personal injury lawyer to help you get the right compensation.

    Errors during surgery—surgical errors include conducting wrong procedures. Surgical errors can lead to more unnecessary complications on the side of the victim. Hire a lawyer to represent you in court.

    Birth injury errors—Errors during childbirth can have lasting effects on your life. According to the law, you have the right to sue for childbirth injuries. Hire a lawyer to help litigate childbirth-related injury lawsuits.

    Pharmacy errors—Pharmacy errors, not diagnosing cancer early, etc. are forms of medical malpractices.

    Wrongful Death

    If someone is killed because of another person’s carelessness or negligence, you can file for wrongful death. In most cases, wrongful death can happen because of car crashes, negligence at a nursing home, medical malpractice, airplane accidents, as well as construction accidents. Filing for a wrongful death gives you an opportunity to get the right compensation and recover from the damages. Learn how to file a wrongful death lawsuit. Apply the right tips and tricks for maximizing wrongful death compensation.

    Workplace Accident

    Your employer should provide a risk-free area to work. If you are injured in the workplace, you can sue your employer under the workers’ Compensation act. Here, the employer is obliged to give you various benefits under the worker’s compensation act. The injured worker can apply for:

    • Temporary total disability—this benefit involves receiving compensation to cover for temporary disability
    • Medical treatment—Here, your company will compensate you for the expenses for treating your injuries.
    • Lump-sum payment—Lump sum payment is the total amount you receive from your employer to help you carry on with life after the injury.

    Premises Liability

    If somebody’s land is in a defective condition and you get inured, file for premises liability. Premise liability accidents can occur in commercial buildings like in groceries, gas stations, shopping malls, etc. They can also occur at your neighbor’s compound or in a public place like a public swimming pool. Premise liability lawsuits can be based on dangerous conditions on a building or any public establishment. Things like slip and fall injuries, dog bites, fires at gas stations, etc. fall under premise liability lawsuits.

    Products Liability

    Defective and dangerously packaged products can harm you. These products can cause serious injuries at work, at home, or in public places. For instance, improper warnings or unclear operational manuals are receipts for serious injuries. Harmful products may include dangerous drugs, foodstuff, consumer products, defective car parts, and dangerous medical devices. Also, toxic substances in consumer products are examples of defective products.

    Boating Accidents

    Boating accidents include drowning in water. You can sue the boat company because of boating accidents

    Dog Bites

    If a dog bites you in someone’s compound, you have the right to sue for compensation.

    Nursing Home Negligence

    You can sue a nursing home for negligence. This includes not attending to your health concerns while there. You can also sue them for poor treatment.

    Other Cases

    The following are additional types of cases of personal injury:

    • Legal malpractices
    • Mesothelioma
    • Food poisoning
    • Burns
    • Animal bites

    Personal Injury Compensation

    Don’t let personal injuries pin you down. You qualify for compensation. However, you need to hire the right personal injury lawyer to fast-track your case. Remember, a personal injury lawyer had the skills, experience, and expertise to handle your case to a logical conclusion. Hire a lawyer you can trust. Choose a lawyer with a high success rate. Avoid money-oriented lawyers. Read customer reviews. Customer testimonials can also help you get the best lawyer. Also, master the art of negotiating for the right compensation.

    Your Compensation’s Value

    The value of your claim is dependent on the damages you suffer. The more the damages the higher the value. Also, your lawyer will help determine the amount you qualify for. Hire an attorney to help you go through the claim application process. Among other things, he/she will help you understand the various types of claims available and the estimated value of your claim.

    Types of Compensation Claims

    Apart from pain and physical injuries, personal injury lawsuits can also involve loss of income, missing work, property damage, and physiological losses. To get the best from your personal injury case, hire a lawyer to assess your situation and seek the right compensation. In most cases, damages can be monetary, physical, or mental sacrifices. After analyzing the details of your case, the attorney will enlighten you about the specific types of injuries or damages for which you deserve to be compensated. In most cases, the defendant’s insurer compensates the injured party. However, the amount is either decided through a court ruling or negation proceedings.

    How Is the Amount Determined?

    There are several factors that can affect how much money you’ll receive in terms of compensation. Nonetheless, the value of your claim will probably be determined by two types of damages: punitive and compensatory.

    Compensatory Damages

    Compensatory damages should make you whole or alive again. As such, the defendant will be required to repay them for the suffering imposed on them by the accident or injury.

    Punitive damages, on the other hand, are typically intended to punish defendants for their negligent behavior. Personal injury cases, such as slips and falls, auto accidents, wrongful death, as well as medical malpractice are often categorized as compensatory damages.

    Special Damages

    Defined ass monetary losses from personal injury cases, special damages are easy to calculate. They are based on clear-cut numbers. Most common types of special injuries include loss of wages or cost of treating your injuries. These damages may also include future homecare-based costs, loss of future income, medical expenses, as well as property damage. A good number of car accident injuries require a future medical care plan. You can include current as well as future care costs in your claim.

    Lost Income

    If you were working and the injuries are preventing you from going to work, you may lose income. Here, you can apply for damages based on loss of income. So, don’t let these injuries mess up with your life. Apply for compensation and get damages due to loss of income.

    Property Damage or Loss

    When part of your personal property is damaged, you have the right to apply for compensation. Here, you will get compensation to repair or replace the damaged property. Also, slip and fall accidents can lead to loss of personal properties like phones, laptops, etc. Hire a lawyer to pursue these damages and get back to life as soon as possible.

    General Damages

    Unlike their special damages counterparts, general damages are non-economic in nature. This means that they are used to compensate a victim for non-monetary losses. These damages don’t involve using numbers to quantify the claims. Instead, they are based on mental damages. Pain and suffering, any form of physical impairment, emotional distress, loss of consortium, etc. fall under general damages.

    The judge will award you compensation for general damages based on the level of pain and suffering in your life. They should include current and future pain. Here, experts are called upon to help the court understand these damages. If the injuries are severe, you will receive a higher amount in terms of compensation. On the other hand, less severe injuries mean a low amount of compensation.

    Emotional Distress

    Emotional distress can also affect your life. If your injuries are causing emotional distress, inform your lawyer. He/she will gather evidence and file for compensation.

    The Bottom-line

    The above are common types of cases. Understanding these types will help you get the best out of your case. Good luck!

    Recent Articles

    Related Stories