Types Of Personal Injury Claims
The type of personal injury case filed depends on the facts of your case, the injuries suffered, and the type of wrong committed by the other party. Your attorney will ensure you file the proper case for you.
Automobile accidents are generally caused by the negligent actions of another driver. The injuries which result from these accidents can be severe, including:
- Neck trauma;
- Traumatic brain injury;
- Broken Bones;
- Whiplash; and
- Soft tissue injuries.
In an automobile accident lawsuit, you can file a claim against the negligent driver or even that person’s insurer. Negotiating with an insurer provides you with a source of financial compensation.
Slip And Fall Accidents
If you slip and fall, the reason behind that fall matters a great deal. When the reason behind your fall is the result of another’s negligence, you can file a personal injury claim to receive compensation for any injuries you suffered. In many cases, this means filing a lawsuit against a business or company.
Medical Malpractice Claims
Doctors are meant to cure your medical issues, not cause harm. Sadly, in many cases, the negligence of a doctor can cause extreme injury. These injuries may be long-lasting, or even permanent. The person injured is required to establish the medical standard of care appropriate in the situation, and further show that the doctor breached that duty of care.
If the doctor failed to use reasonable care, breached the medical standard of care, and caused you injury, you can successfully file a claim for personal injury.
Intentional torts stand apart from many other personal injury claims because your injuries were not caused by an accident, but by the intentional conduct of another person. Intentional torts in Louisiana include:
- False Imprisonment,
- Intentional Infliction of Emotional Distress,
- Conversion, and
Dog bite injuries are governed by a specific statute. It states that a dog owner will be liable for your injuries if you are:
- Bitten by a dog,
- Did nothing to provoke the dog, and
- The dog owner failed to exercise reasonable care.
Injuries which are not caused by a dog “bite” but caused by the dog in another way are still covered under the Louisiana law. So, if a dog jumps on you, causing you harm, you can still maintain a personal injury lawsuit under the law.
Injuries On The Job
Injuries which occur while you are working are often covered by the Worker’s Compensation statutes. Working with the system requires years of experience to successfully navigate. You can be compensated for such work-related injuries as:
- Trauma from machinery,
- Hit by a falling object,
- Repetitive motion injuries, or
- Falling from heights.
When a person is killed as the result of an accident or an intentional act, it is the ultimate tragedy. A wrongful death claim is a personal injury lawsuit brought by the surviving family members of a deceased person. Only certain members may file a wrongful death claim on behalf of a deceased person:
- The surviving spouse or children;
- If there is no surviving spouse or children, the surviving parents;
- If there are no surviving parents, the surviving siblings;
- If there are no surviving siblings, the grandparents.
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