Common Types of Personal Injury and How Victims Can Seek Redress
Personal injury occurs when one sustains physical, emotional, or mental injury through a third party’s negligence. The good news is that victims of personal injury can sue the company or person through whose negligence the injury occurred. According to The Chopin Law Firm a group of New Orleans personal injury lawyers, “not only can you sue for personal injury, but you can have a deserving compensation, that would take care of all your losses”.
There are several types of personal injury. In this piece, we will discuss the most common types of personal injury and how victims can sue for compensation.
Common Types of Personal Injury
Medical malpractice occurs when the negligence of a doctor or any medical practitioner causes harm, injuries, or death to a patient. This could be through a lack of proper care, wrong diagnosis, wrong prescriptions, wrong dosage, wrong surgical procedure, etc.
Different states have different laws governing medical malpractice. So, before you sue for medical malpractice, be cognizant of your state laws. The easier way out is to hire an experienced personal injury lawyer to lead the process. But normally, the highlights are on the time limits (the number of days you have to sue the defendant), and when to notify the defendant about your suit.
Medical malpractice claim is very difficult to prove, so you need to have enough evidence to support the case. This is where an attorney comes in. Your attorney can help you gather all the needed evidence to substantiate your claim. You can sue for medical malpractice if:
- There was a doctor-patient or patient-hospital relationship
- There was a breach in the line of receiving treatment
- The said breach/negligence caused you harm or injury you want to sue for
How to seek redress:
It is very important to hire an attorney when suing for medical malpractice. The attorney will go through your case and advise you on the best way to pursue the case. You can opt for an out-of-court settlement with the defendant or file a lawsuit. Before reaching that point, you need to
- Report the said case on time
- Send your evidence to the malpractice review panel. This should include a report from another medical expert who has reviewed your condition.
- Notify the defendant
Auto accident injury:
This type of personal injury occurs when the negligence of a driver causes an accident resulting in injury and fatalities. It can be between two vehicles or a vehicle and a pedestrian. When this happens, you can sue the at-fault driver for damages. Compensation for accident injuries differs and it mostly depends on the type of insurance coverage. The at-fault driver’s insurance company pays for compensation. However, victims can sue the driver for further compensation.
- After an accident, the first thing to do is to seek medical attention. For a very serious accident, call 911 for the presence of the police and ambulance. The police will file the needed report at the accident scene, including taking the reports of eyewitnesses.
- At the hospital, the in-charge doctor will document your case detailing the extent of the injuries and the needed medical attention.
- For a minor accident that doesn’t require immediate police presence, you can drive to the nearest police station and file a report.
- For an accident involving two vehicles, you need to notify your insurance company about the accident. You need to make a detailed report, including the date, time, and location of the accident. You can add photo evidence of the damages and a police report.
- File a claim at your insurance company or that of the at-fault driver.
- In case the at-fault driver is proving difficult and doesn’t want to accept liability, speak to a personal injury attorney. The attorney will negotiate on your behalf or file a lawsuit if necessary.
Workplace personal injury:
A workplace personal injury occurs when you suffer an injury while on duty. There are various causes of workplace injuries for women and men. Workplace safety laws require employers to provide a safe work environment to protect workers. So, if you are injured at the workplace due to a lack of protective gear/measures or the negligence of an employer, file for a workers’ compensation claim. After a workplace accident, you should
- Seek medical attention, especially for serious injuries. You will be provided a medical report, which you will use to support your compensation claims. The medical officer will diagnose the injury and prescribe treatment.
- After returning from the hospital, report the incident to the officer in charge or supervisor.
- Document the incident by giving a detailed account of what happened. The report must include the time and cause of the injury.
- File for a workers’ compensation claim
- If the employer denies you compensation or want to shortchange you, speak to an attorney. An experienced injury attorney will handle your case with your interest at heart. You need to be open and truthful, so that the attorney can prescribe the best legal process to follow. If necessary, he/she will advise for an out-of-court settlement.
Other common types of personal injury include slip and fall, product liability, wrongful death, and premises liability among others. You will need to follow the same procedures as the above-mentioned when seeking redress. It is advisable to involve an attorney when pursuing a personal injury case. This helps you to get the best compensation possible.