surgery personal injury

What Can Qualify for a Personal Injury Case?

Have you ever been injured and were sure that it wasn’t entirely your fault? Injuries can stand in the way of many things in life. They prevent us from going to work and doing other necessary chores and tasks. Moreover, getting proper treatment to recover from injuries can be very costly. However, in several situations, you can have a valid personal injury claim and receive suitable compensation. To ensure that you receive what you deserve, we are here to inform you about situations that can qualify for a personal injury case.

Slip and Fall Cases

A slip and fall claim could be made if you are injured as a result of a property owner’s inability to keep their legal premises hazard free and safe. Since not all slip and fall cases will lead to liability, you need to keep a few things in mind when making your claim. The eligibility of your claim can rely on whether the property owner had enough time to repair, remove, or fix the obstacle before it resulted in your injury. 

If the property owner kept records of routine checks, they can find out whether the obstacle has been created right before it resulted in your injury which wouldn’t have allowed the owner a reasonable amount of time to fix the issue. If the property owner knew about the hazard but couldn’t take care of it on the spot, they should have installed any warning signs. If none of that was the case, then you should qualify for a personal injury case. However, you might still have to prove that you did not cause the accident yourself or that you were comparatively negligent. If you were participating in any distracting activities, such as texting, which might have prevented you from spotting the obstacles or warning signs, this can weaken your case. 

Car Accidents

Car accidents are usually a result of another driver’s negligence. If that is the case, then with your medical bills and records, and with other constructive proof that the injury has gotten in the way of your routine, your case would qualify for a personal injury case. Road traffic accidents and fatal car crashes are common in areas like Fort Wayne, Indiana. This is why Truitt Law Offices suggest that you hire an attorney to help strengthen your claim. However, car accidents that result from a driver’s negligence are not the only cases that would be eligible as a personal injury case. Sometimes an accident can result from a malfunction in the vehicle itself. You would also receive proper compensation in that situation because the vehicle’s manufacturer would be held responsible. 

Medical Malpractice

A medical malpractice case can be made if the medical institute for healthcare professionals failed to provide proper treatment or meet a certain medical standard of care. If their negligence results in their inability to diagnose serious illnesses, inform the patient of potential risks of treatment, as well as unacceptable errors that occurred in any procedures, then your case would qualify as a personal injury. A medical malpractice case can also be put in motion if your doctor was behaving recklessly; for example, performing surgery under the influence of alcohol or drugs. 

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A defamation case can qualify for a personal case if there is proof that the plaintiff’s reputation was harmed to the extent that it affected their well-being, as well as their livelihood or source of income. However, of course, if the defendant can prove that their statements about the plaintiff are true, then the case will be lost. Besides, in certain cases, the defendant may be “privileged” which would also destroy the basis of the lawsuit. If the defamation statement was made through certain media outlets, then the plaintiff must prove that they are untrue. If the plaintiff wins the case, then they may be awarded punitive damages on top of compensatory damages. 

Dog Bites

Dog owners are financially responsible if their dog bites or results in the injury of an individual. The liability rules may vary from one state to the other. In some states, the dog owner is responsible for their dog’s behavior even if they have never exhibited hostile behaviors and tendencies in the past. In other states, the dog owner is held responsible only if they are aware that their dog could display hostile tendencies or aggressiveness. 

Intentional Torts and Assault

If a person intentionally hurts or assaults another, they may face criminal charges. The victim can also file a personal injury lawsuit for compensation for physical and emotional harm. 

Filing a personal injury lawsuit can get you the compensation that you deserve for injuries that you were subject to. They can protect your rights, as well as your finances. You should not have to pay for someone else’s negligence or faults. Read through our article to find out if your claim qualifies for a personal injury case.