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Types of Personal Injury Claims: What You Should Know

Personal Injury Claims are civil (non-criminal) cases where an individual has suffered a physical, psychological, or emotional injury. The law gives that person the right to ask for compensation. Depending on the amount of money demanded, these legal processes can be settled before they even get to court, or they can last for a long time, even years.

Given the fact that this term covers a wide variety of possible situations, there are different kinds of claims. If you're thinking about starting this type of procedure, you should find the one which suits your circumstances the best.

Here are some of the most common types of personal injury cases.

Motor Vehicle Claims

Everyone operating a vehicle must behave responsibly while on the road. With accidents involving cars, trucks, busses, motorcycles, and even bicycles, the driver behind the wheel will be held responsible for the damages his/her negligence caused.

Although these are the most common civil cases in the US, they are not necessarily easy. It will be your responsibility to prove the other side is guilty of the injuries you've sustained. Also, there are so-called 'no-fault' states where you get to simply collect from your insurance except when some serious physical damages have occurred.

Medical Malpractice

A doctor must provide patients with the best care possible. If any medical professional behaves recklessly or negligently while treating a patient, that could be the reason for a medical malpractice suit. However, you need to make a distinction between negative treatment results and malpractice. Doing your best and not being able to help them get better is not the same as making serious mistakes and harming a patient.

Forms of medical malpractice include:

  • Not diagnosing a condition properly
  • Failing to treat the condition
  • Recommending a treatment that will likely cause damage to the patient
  • Recommending a treatment that goes against medical standards
  • Using wrong treatment (e.g., amputating the wrong leg)
  • Giving the higher dose of a drug that could seriously harm a person

Assault and Battery

Both of these acts are seen as criminal behavior. Differently from the first two claims mentioned above, acts described by this one are intentional. Assault is an attempt to commit violence while the battery is an act of violence upon another party.

In this case, the plaintiff will be able to seek damages for the psychological, and emotional as well as physical injuries. As Pius Joseph, from www.usa-law.org, says, "A doctor is someone who cures the patient, and a lawyer is the one who finds solutions for the human problems, making their suffering less." Depending on the level of harm the victim has experienced, the legal representative will be able to come up with suitable reimbursement.

False Arrest and False Imprisonment

The second term describes a situation during which the person's freedom of movement is restricted by using force or by threatening to do that. Compared to the arrest, which can be thought of as the initial wrongful act, imprisonment could last for a long time.

Going through any of this can be very stressful and damaging to the person's reputation. People who have been falsely imprisoned can also go through financial difficulties due to the loss of job or salary and they deserve some sort of reimbursement.

Premises/Product Liability

Whether you're renting or owning a certain property, you have the obligation to make that environment safe and prevent people from visiting the premises of getting injured in any way possible. Of course, not all accidents happening in places like stores or restaurants will lead to liability. Just like in all other cases, you need to prove negligence. That's why it is very important to document the dangerous conditions as soon as possible after the accident has taken place.

When using a defective product, you can sustain severe injuries. Manufacturers, as well as those who designed, marketed, and sold a dangerous product, can all be held responsible for not putting a proper warning on the package and providing customers with correct user-manual.

Dog Bites

Although laws regarding this type of accident vary from place to place, usually, the dog owner is the one that will be considered responsible for the actions of the canine. In states like Maine, you don't even have to prove it was the owner's fault. However, the exception to the rule is when you're on the owner's property. In California, even if the dog has never shown aggressive traits before and the owner was not negligent, he or she will be liable for all the damages the animal caused to the other party.

If you want to file a personal injury claim, these are some of the basic things you should know. Negligence in all cases, aside from dog bites in some states, needs to be proven, and that can sometimes be a very difficult task. To get the compensation you believe you deserve, you will most probably need the assistance of an experienced lawyer.

3 min read
Lifestyle

Help! My Friend Is a No Show

Email armchairpsychologist@swaaymedia.com to get the advice you need!

Help! My Friend Is a No Show

Dear Armchair Psychologist,

I have a friend who doesn't reply to my messages about meeting for dinner, etc. Although, last week I ran into her at a local restaurant of mine, it has always been awkward to be friends with her. Should I continue our friendship or discontinue it? We've been friends for a total four years and nothing has changed. I don't feel as comfortable with her as my other close friends, and I don't think I'll ever be able to reach that comfort zone in pure friendship.

-Sadsies

Dear Sadsies,

I am sorry to hear you've been neglected by your friend. You may already have the answer to your question, since you're evaluating the non-existing bond between yourself and your friend. However, I'll gladly affirm to you that a friendship that isn't reciprocated is not a good friendship.



I have had a similar situation with a friend whom I'd grown up with but who was also consistently a very negative person, a true Debby Downer. One day, I just had enough of her criticism and vitriol. I stopped making excuses for her and dumped her. It was a great decision and I haven't looked back. With that in mind, it could be possible that something has changed in your friend's life, but it's insignificant if she isn't responding to you. It's time to dump her and spend your energy where it's appreciated. Don't dwell on this friend. History is not enough to create a lasting bond, it only means just that—you and your friend have history—so let her be history!



- The Armchair Psychologist

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