There are numerous types of personal injury cases that may warrant a claim, from medical malpractice to car or bicycle accidents. Basically, if another party’s negligence caused you injury, then you might be able to file a claim and collect compensation.
Seven Types of Personal Injury Cases
The majority of personal injury cases stem from automobile accidents, according to the American Bar Association, but there are many other types of incidents that may warrant filing a claim:
- Slip and Fall Accidents – Slippery floors, poorly placed objects, unsafe property conditions, and poorly maintained grounds can lead to slip and fall accidents, for which the owner, property manager, or other responsible party may held liable in a claim.
- Medical Malpractice – Cases in which doctors, hospitals, nurses, pharmacists, and other health care workers acted negligently and caused injury generally warrants a medical malpractice injury claim.
- Workplace Injuries – If you suffered injuries while on the job, you may be able to file a workers’ compensation claim to recover your loss.
- Motorcycle, Truck, and Bicycle Accidents – In any type of vehicle accident, if another party caused the accident, you may be able to file a claim.
- Wrongful Death – If you’ve lost a loved one because of some type of accident resulting from another’s negligence, you may be able to file a wrongful death claim on behalf of your loved one.
- Dog Bite Injuries – If you’ve suffered injuries because of a dog bite attack, you may be able to file a claim and hold the owner responsible for your loss.
- Defective Products – if your injury stemmed from a product that was defective, not safe for public use, or lacked adequate instructions and/or safety warnings, then you may be able to file a claim against a manufacturer, producer, supplier, or retailer.
How to Know if You Should File a Personal Injury Claim
In order to file a claim for an injury you’ve suffered, you’ll need to be able to show that:
- another party owed you a duty of care;
- that party didn’t uphold that duty, i.e. acted negligently or carelessly;
- that party’s actions (or lack of appropriate action) contributed to your injuries; and
- you suffered actual damages.
If your situation meets all the above criteria, chances are that your case warrants a claim. When someone has been injured and has decided to file a claim, he or she may speak with the insurance companies and a personal injury attorney in McHenry County, and begin discussing the best legal route to take.
Two Basic Components of a Personal Injury Claim
In all personal injury cases, the justice system will look at two basic issues:
- liability (whether or not the other person was legally responsible for your injuries); and
- damages (the extent and nature of your damages).
You’ll demonstrate liability by proving that the other party acted negligently and that negligence is what caused your injury. For example, motorists who do not exercise reasonable care on the roadways by speeding or weaving in and out of traffic, for example, may be considered negligent and, thus, liable for any resultant injuries. Establishing the driver’s negligence and fault for the accident requires evidence like witness statements, photographs, and more.
Damages must be proven through evidence as well. This can include medical records and bills, pay stubs demonstrating wages you’ve lost during recovery, car repair estimates or bills, and more.
Your personal injury attorney in McHenry County can help you collect evidence to prove liability as well as to establish the damages you’ve suffered. It’s only after filing a claim and successfully demonstrating liability and damages that you’ll be awarded a settlement for your loss.
Personal Injury Attorneys in McHenry County Can Help
If you’re unsure of whether or not you have a case on your hands, you might consider running your case by personal injury attorneys. In McHenry County, Franks & Rechenberg, P.C. specialize in injury claims and are available to offer legal counsel.
Contact the office at (847) 854-7700 and set up a consultation with a lawyer works with personal injury cases.