Personal injury claims can stem from a variety of types of accidents. These include car accidents, slip, and fall accidents, and medical malpractice claims. There were also instances when a product’s defect caused a personal injury. To learn more about these types of cases, read on.
Road accidents can occur for several reasons. Drivers are often unaware of the possibility of an oncoming collision and may need to be adequately braced for it. This can lead to whiplash, head injuries, and spinal disc damage. Victims may be entitled to compensation for their medical bills and lost wages. They may also be entitled to damages for pain and suffering.
For example, those at the Blair & Ramirez Law legal process for filing a personal injury claim includes gathering all of the necessary evidence. This entails doing a thorough investigation of the accident scene, documenting it, and contacting witnesses. It is also vital to seek medical assistance and follow paramedics’ instructions..
Slip and fall accidents
Slip and fall accidents are among the most common personal injury cases, accounting for nearly a third of all injury hospitalizations among children and adults. According to the New York State Department of Health, they are also the leading cause of unintentional injury deaths for New Yorkers ages 45 and over. These accidents can leave the victim with physical and emotional trauma and financial strain. In New York alone, falls cost the state $1.3 billion annually in medical expenses. While these types of accidents cannot be avoided, they can be prevented by taking proper precautions.
A slip-and-fall accident can result from several causes, including uneven ground, broken stairs, or poorly maintained sidewalks. Most slip-and-fall accidents are the result of someone else’s negligence. If a property owner has breached a duty of care to maintain the property, an individual may be able to sue for injuries that result from the fall.
Medical Malpractice Claims
Medical malpractice claims can arise from a wide variety of circumstances. These circumstances include an incompetent physician, an unsanitary facility, a failure to communicate between hospital staff, or equipment failure. These injuries can cause emotional and financial damage and require compensation. The statute of limitations for these claims is between six months and two years. The period began when the doctor’s negligence occurred or when the patient should have discovered the injury.
Most medical malpractice claims result from a doctor or other healthcare professional breaking ethical standards. While most of these cases are relatively rare, some claims are more severe than others. According to the Journal of Patient Safety, medical errors account for the third most common cause of death in the U.S. The Journal of Patient Safety has estimated that as many as 450,000 people die yearly from medical mistakes. The Journal of Patient Safety reports that approximately 33% of malpractice claims involved missed or delayed diagnoses. These errors can lead to unnecessary and potentially harmful treatment.
Product Liability Claims
Product liability claims arise when a product fails to meet the standards of safety for consumers. For example, a dangerous construction tool may need adequate warnings about its use’s dangers. Likewise, a toy may pose a choking hazard if the instructions do not specify how to use it. In either case, the manufacturer is responsible for making the item as safe as possible for consumers.
To make a successful product liability claim, you need to collect evidence. If a defective product injures you, it is a good idea to take pictures to prove the product’s malfunction and the damage it caused to your body. Moreover, preserve the product’s current condition to examine for manufacturing defects and faulty design.
Wrongful Death Claims
A wrongful death case may be brought against the manufacturer of a product when it causes the death of a person. These cases often occur because a product is not tested thoroughly or has some other defect, such as a faulty design. Some examples of wrongful death cases include toxic food products, defective automobiles, and work-related accidents. In addition, some cases may be based on criminal acts. For example, an employee may die in an accident while performing their job, but the company’s negligence causes the death.
The survivors of a deceased person typically file a wrongful death claim. In this type of lawsuit, the plaintiff can seek compensation for the loss of the deceased person’s companionship, lost wages, and funeral expenses. Other potential causes of wrongful death lawsuits include medical malpractice or a failure to maintain a property.