Accidents and injuries are part of everyday life. Many people have suffered injuries in their home, in their car, at work and even running errands. However, some injuries are more serious than others, and it is not uncommon for the fault to lie with a third party.
Personal injury law can be quite complicated, particularly if the claimant has no prior experience with the legal system. For instance, most lay people aren’t sure constitutes a personal injury, or how to know if they can make a claim.
If you’re in that group of people, you shouldn’t be intimidated by claiming what you are entitled to, because the process seems daunting. Any good personal injury attorney can help make the process of making a claim quite straightforward, beginning with telling you if you have a justifiable claim. Today, the experienced attorneys at The Moody Law Firm are going to help you answer the not-so-straightforward question of “what is considered as a personal injury?”.
Types Of Personal Injury Claims
There are a variety of different types of personal injury cases, and while in theory any sort of injury could be considered a personal injury, there are some types of case more common than others. These include:
Slips and Fall Personal Injury Claims
Second only to road traffic accidents, slips and falls are the next most common type of personal injury. They tend to be caused by property owner’s negligence and can include things such as uneven steps or wet floors without proper signage to warn people.
Road Traffic Accidents
The largest number of personal injury claims are caused by road traffic accident. This can include a range of vehicles including cars, bikes, trucks and public transport accidents, and even injuries sustained as a result of an RTA while the claimant was a pedestrian.
Premise Liability Claims
Sometimes injuries occur as a result of dangerous property conditions, such as falling objects or structural problems. If this occurs, the building owner could be found liable for the injuries you have sustained.
Consumer Product Liability Claims
These can include injury or medical side effects from things like defective products, medications and recalled products.
Personal injury by specific type
Sometimes personal injury claims are classified more specifically, in many cases by the exact nature of the injury suffered. For example, burns, traumatic brain injuries and wrongful death.
Duty Of Care And Negligence
Personal injury cases are based on two main principles – duty of care and negligence. Negligence occurs when a third party fails to adequately meet their duty of care, and the claimant is injured as a result of this negligence.
To be successful in a personal injury claim, the claimant must be able to prove that:
- The defendant had a duty of care towards the claimant
- The defendant did not meet the expectations of their duty of care
- Not meeting the expectations of the duty of care caused the claimant’s injuries
- The claimant has suffered damages as a result
Whether the effects are temporary or permanent, personal injuries can be absolutely devastating. From physical assistance and aids to the psychological impact, the compensation you are entitled to can go a long way to improving your life and helping you through the pain and suffering you have endured.
If you have suffered a personal injury and would like further advice on how to make a claim, please do not hesitate to get in touch. Our reputable team of experienced lawyers will be delighted to help you.
