Personal injury is a broad area of civil tort law that allows victims of a variety of accidents to recover compensation for their damages under specific circumstances. Get an overview of the five most common types of personal injury claims, and learn what you need to do if you were injured in an accident caused by someone else.
What Are the Five Most Common Personal Injury Claims?
A variety of accidents and injuries could be classified as personal injuries. Slip-and-fall accidents and premises liability claims are the country’s most frequent personal injury claims, followed by car accidents, medical malpractice, product liability, and wrongful death.
These and other types of personal injury claims are usually based on negligence; that is, the at-fault party (called the tortfeasor) has acted in a negligent manner and breached their duty of care to others. As a result, another individual (the plaintiff) was injured and sustained damages.
What Do You Need to Prove as a Personal Injury Victim?
It is essential to understand that in any civil tort case (including personal injury claims), the burden of proof falls on the plaintiff or the victim of the wrongdoing. This means that it is up to the victim to come up with sufficient evidence to prove their case.
A successful personal injury claim usually contains evidence proving that the victim was affected by someone else’s negligence. In order to do that, the victim should prove that (1) another party owed them a duty of care; (2) the party who owed them a duty of care acted negligently and breached their duty; (3) the breach of duty of care caused the victim to be injured and (4) the victim sustained damages as a result of the accident.
How Is a Personal Injury Claim Value Determined?
In a personal injury case, claimants may be entitled to compensation for economic and non-economic losses. Each case is unique, but as a general rule, the more serious your injuries and the more significant your losses, the higher the value of your claim may be. The best way to get a more accurate estimate of your claim value is to speak to a personal injury attorney and discuss your case in more detail.
When Should You See a Personal Injury Lawyer About Your Case?
Personal injury cases in the state of Washington are subject to a three-year legal statute of limitations, meaning that a plaintiff must file a lawsuit in the appropriate court against the at-fault parties within three years of the date of the accident. If you believe you have a case, reach out to a personal injury attorney as soon as possible to learn your options.