Serious injury claims are said to take place when an individual suffers from a personal injury. By law, a personal injury claim involves damage sustained to an individual’s body, mind or emotions. Personal injury is defined by these characteristics in order to differentiate it from damage to property.
Serious injury claims can come as the result of a wide variety of incidents. However, the basic legal process is the same in all cases. A serious injury claim is filed by the plaintiff. The plaintiff is the individual who feels that they have suffered personal injury as the result of another person’s misconduct. The person who stands accused of negligence or misconduct is called the defendant. The plaintiff must prove a defendant’s guilt by providing evidence which indicates that they should be held liable for the plaintiff’s serious injuries.
Types of Serious Injury Claims
There are many different types of serious injury claims. Additionally, each serious injury claim will be a bit different in its specifics. However, a few types of serious injury claims are particularly common.
Serious injury claims commonly come as a result of:
- Auto Accidents: Accidents involving an automobile represent a significant number of all serious injury claims. If an individual is injured in an auto accident, they be able to file a lawsuit claiming that the other driver was responsible for their injury. In these cases, a plaintiff must prove that the person driving the other vehicle caused the accident due to their failure to take reasonable care or pay adequate attention while driving. Proving carelessness is the central component to a plaintiff winning an auto accident-related serious injury lawsuit.
- Work Place Accidents: Work place injuries are a common source for serious injury claims. Often, they involve individuals who work in active settings such as construction. In these types of cases, serious injury claims usually deal with injuries suffered as a result of falls or improperly operated machinery. However, workplace accidents may also take place in an office setting. Repetitive motion injuries or exposure to hazardous materials like mold or asbestos can be a source of office-related serious injury claims.
- Assault: Although most serious injury claims involve injuries that result from accidents, they may also include injuries which directly result from purposeful behavior. Assault may involve actually being struck by another person. However, even the direct threat of physical contact can sometimes be considered assault.
- Defective Products: A product is considered defective if it may cause injury as a result of poor of improper labeling, is designed in a way that makes it likely to cause injury, or is rendered dangerous due to mishaps in the manufacturing process. If a product harms an individual as a result of any of these considerations, it may be prudent to file a personal injury lawsuit.
- Defamation or Slander: Slander or defamation is the act of speaking false statements about another individual or organization or other entity that hurts their public image. A serious injury claim might come as the result of defamation in the event that the plaintiff could prove emotional damage as a result of statements made by another individual.
Serious Injury Claims Attorneys
The legal process which accompanies serious injury claims can be difficult to navigate. As a result, individuals who feel that they have suffered personal damage may be best suited by contacting a qualified attorney. Contacting an attorney is smart first step in deciding whether it is necessary to file a personal injury lawsuit.
An attorney can help to streamline the process of filing a lawsuit. They will be able to clarify the terminology which accompanies serious injury claims. Additionally, they will help plaintiffs to organize and document all evidence which may be helpful in ensuring compensation for their injuries.