Personal injury or tort law allows an accident victim to seek restitution when another individual’s wrongful action (either malicious or negligence act) results in damage. Numerous circumstances may cause a legitimate personal injury claim. However, bear in mind that an injury does not always define legal liability.
What Circumstances Can Give Rise To A Personal Injury Claim?
The following are some common personal injury examples:
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Automobile Accident Cases
Auto collisions are the leading cause of personal injury claims in the US. An accident usually occurs due to someone failing to obey the road signs or not driving as cautiously as they should be. A negligent driver might be held legally and financially liable for injuries sustained in an automobile crash. There are exceptions in the handful or so no-fault jurisdictions, whereby drivers must claim from their insurance providers except in cases of major injuries.
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Slip and Fall Cases
Another prevalent example of a personal injury case is a slip and fall claim. Premise owners, administrators, and operators have a legal obligation to keep their properties reasonably secure and clear of hazards not to hurt visitors. However, not all accidents on the premises can result in liability. The precise form of liability varies based on the circumstances and the statute in effect in the state where the incident happened.
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Medical Malpractice
When a physician or other care provider performs services that slip below the required quality of practice, and the patient gets injured, a medical malpractice case can emerge. However, it is critical to note that a poor outcome in the care environment does not necessarily imply malpractice. Typical forms of medical malpractice include:
- Misdiagnosis or lack of a diagnosis
- Failure to treat
- Surgical errors
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Defamation: Slander and Libel
Defamation in the sense of slander or libel applies to an individual’s hurt because of false claims. The plaintiff’s demonstration of damage can depend significantly on the plaintiff’s image and where the allegation was made.
Typically, the ordinary citizen only needs to demonstrate that the defendant made an erroneous commendation and that real damage (monetary loss) resulted. Public figures and celebrities, however, are generally required to display ‘true malice.’ This implies they must demonstrate that the false statement was made knowingly or recklessly, disregarding the claim’s validity. Because of the complexities of these cases, you might need the assistance of an experienced Union City Personal Injury Attorney.
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Battery, Assault, And Other Malicious Acts
Unlike other common forms of personal injury cases, intentional acts are not centered on injuries due to carelessness or negligence. Instead, they focus on intentional harm or injury to another. These cases can also include a criminal complaint against the victim. For instance, if one individual physically assaults another, the perpetrator can face criminal charges.
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Dog Bites
Mostly, the dog owners are accountable for the dog’s bites and other injuries. However, the specific laws governing owner liability differ from one state to another.
Proving negligence or carelessness in personal injury cases is not always an easy task. In most cases, the liable parties tend to deny accountability to evade paying damages. If you are encountering difficulties obtaining reimbursement for injuries caused by someone else’s fault, contact the Law Offices of Anthony Carbone today.