Most Common Personal Injury Claims
If you’ve experienced a personal injury, it’s incredibly important to seek guidance from an experienced personal injury attorney. Ranging issues can result from a personal injury that can be life-changing, and having advice and representation from a knowledgeable professional will help you reach the outcome you deserve.
Injuries in the Workplace
Work-related injuries are far more common than many think, and unfortunately enough, they happen multiple times every day. Individuals that get injured in the workplace can experience a range of repercussions, from missed work and trauma to loss of income and distress. Each of these consequences can impact the victim severely and, at times, drastically impact their quality of life. Employees are encouraged to become familiar with workplace safety, injury protocol, and compliance standards. Gaining knowledge in each of these areas will help uphold a safe and protected environment for all staff, visitors, and customers. Additionally, employees are recommended to become familiar with workers’ compensation and other relevant injury-related issues. There are many different types of work-related injuries:
- Slip and falls
- Work-related car and motor-vehicle
- Falling objects
- Machine accidents
- Over-extension and repetitive motion
- Workplace violence
An employer must create and maintain a safe and secure work environment, so employees, visitors, and customers feel comfortable and protected at all times. Each facility is encouraged to have safety checklists and meet O.S.H.A. and E.P.A. requirements. All workplace documents and contracts should be accessible, and employees should be informed of what actions to take in the event of a workplace injury. Suppose you, a loved one, or co-worker has been affected by a work-related injury. In that case, it’s encouraged to contact a personal injury lawyer immediately to ensure the situation is handled quickly and efficiently.
If you want to file a medical claim or complaint, the medical industry offers numerous resources for the general public to gain further information regarding their healthcare provider or hospital. These resources are also beneficial to review before receiving care from a provider, so you can be sure there aren’t red flags that raise suspicion. It’s encouraged to discuss any hesitations with your healthcare provider as this will help you decide whether you wish to receive or continue care with them.
- Federation of State Medical Boards Physician Data Center: The general public can access this resource to review various information regarding medical professionals, such as board certifications, educational backgrounds, past disciplinary actions, state licensing, and more.
- Online Medical Boards: All medical errors and complaints are reported to each state’s medical board agency, which can easily be accessed by the general public at any time. It’s important to check each state a medical professional is licensed in as all state incidents are reported to the corresponding agency.
- National Committee for Quality Assurance (N.C.Q.A.) Report Cards: This is a non-profit organization that rates the performance and malpractice history of medical professionals. While this database doesn’t go into detail, it gives you a general idea of the medical professional’s personal and professional persona.
- County Courthouses: If you’re curious about your medical professional or hospital’s previous medical lawsuits, the county courthouse is an excellent resource to utilize. It’s encouraged to inquire about the retrieval process as each state differs in requests and content viewing method.
You can take many steps to lower your chances of becoming a victim of a medical error. Potential and existing patients are encouraged to complete background research on their healthcare provider to verify that it’s the right choice. This can be achieved by reviewing provided care, past complaints, and patient reviews. During your appointments, it’s recommended to ask as many questions as possible regarding your care, treatment, and overall diagnosis. It can be helpful to bring a loved one or a friend to your doctor’s appointment as they may ask questions you wouldn’t have thought of, can take notes, and serve as a witness in the future, if needed. If a mistake has been identified in your medical care, you must immediately report the incident to protect future patients.
What Kinds of Medical Claims Exist?
There are many different types of medical claims that can be filed in the medical industry. It’s important to review your experience and identify which claim would best fit your situation. Seeking the guidance of a personal injury attorney can be extremely helpful, so you can be sure you’re submitting the correct medical claim.
- Medication Errors: Medication is prescribed for varying reasons, but its primary goal is to make us feel better regardless of the type. Unfortunately, many errors can happen with medication, from prescribing the incorrect type to providing wrong dosage and administration instructions. Individuals that experience this may be eligible to file a medication error claim as improper usage can cause serious side effects and damage.
- Improper Treatment: Once you’ve been diagnosed with a sickness or medical condition, your healthcare provider will prescribe you treatments, medications, and possibly recommend surgery to improve your quality of life. At times, incorrect treatments and surgeries have occurred, which can result in severe damage. If you have received improper treatment, a medical maltreatment claim can likely be filed.
- Diagnosis Errors: More times than not, identifying medical conditions in the early stages can positively impact a patient’s health. Misdiagnosis and delayed diagnosis can occur, and if you feel this has happened in your treatment, it’s time to file a medical complaint.
- Releasing a Patient Too Early: When a patient is in the hospital, correct care and guidelines are a necessity to proper recovery. Sometimes patients are discharged too early without proper instructions, which can cause serious harm to their future well-being.
Product Liability Claims
Customers in today’s consumer market come in contact with defective or damaged products more often than one may think. Unfortunately, defects and damage can result in a personal injury or other issues, especially if the manufacturer doesn’t catch the error. If you’ve come in contact and experienced an injury from a defective or damaged product, the manufacturer and seller will be held liable through a product liability claim.
The Four-Step Process
Product liability claims can be complicated, making it essential that you become familiar with the process. It’s very beneficial to gather all useful information that you feel could benefit your case, such as proof of medical care or lost wages. You want to provide evidence of how the defective or damaged product has affected your quality of life and daily routine. Below are a few steps to help you navigate the product liability claims process.
- Gather your evidence
- Preserve the product
- Identify defendants
- Hire an attorney
Different Kinds of Claims
Defects of various types can occur when it comes to products and services. It’s essential to become familiar with the different claim types, so you can identify which one your unique situation falls under. If you’re unsure of where your case falls, seeking guidance from a personal injury attorney can be beneficial.
- Design: problems with the product’s design and commonly an intended defect.
- Marketing: issues with product sales, such as incorrect warnings or instructions.
- Manufacturing: problems with the product’s design and commonly an unplanned defect.
The Value of an Expert Witness
At times your personal injury attorney may find it beneficial to bring in an expert witness. Expert witnesses are an excellent addition to a product liability case as these individuals usually have an extensive breadth of knowledge in numerous areas. Your attorney will utilize an expert witness to determine and explain safety standards, complete testing, and study how the product violated standards. In many cases, the expert witness will testify in court to share their findings with the jury and judge.
Slip and Fall Incidents
Property owners are responsible for the condition of their property, so employees and customers feel safe. If a property isn’t adequately cared for, regular wear and tear will likely not be addressed, resulting in damage, destruction, and poor conditions. Slip and fall incidents can occur due to many conditions, such as:
- Uneven flooring
- Torn or frayed carpeting
- Slippery floors
- Excessive snow or ice
- Poor lighting
Slip and fall incidents can occur in a variety of areas, from residential and commercial to government. Regardless of the type of establishment you’ve been injured in, it’s likely that the company and property manager will be held liable for your injuries. You must notify the property manager immediately after a slip and fall incident, so the process can be moved along quickly and efficiently. If an individual is injured during a slip and fall incident, damage collection will likely be sought after.
The Types of Injuries
If you’ve been involved in a slip and fall incident, your injuries can range from mild to severe, depending on the conditions and what caused your accident. Many individuals experience a slip and fall at some point in their lives, and some of the most common injuries are as follows:
- Brain damage
- Spinal cord injuries
- Broken bones
Slip and fall incidents can happen when you least expect it and often leave the individual in shock. If you’ve been involved in a slip and fall incident, below are a few simple steps to help you navigate the process.
- Get necessary medical treatment
- Report your accident
- Locate and designate witnesses
- Gather evidence
- Contact a lawyer
Personal injury lawyers are here to help car accident victims effectively navigate the aftermath of an accident. Whether you’ve been involved in a minimal fender bender or a much more serious car accident, following this simple step-by-step process will ensure you don’t miss anything.
What is S.E.A.M.?
If you’re involved in a car accident, you will likely feel overwhelmed, and your adrenaline will be pumping. Regardless of the severity of the accident, it’s essential to remain calm to be sure to cover all matters quickly and efficiently. Utilizing the S.E.A.M. acronym is an excellent way to navigate a car accident.
Safety First. Drivers and passengers that have been in an accident should be accounted for immediately to ensure everyone is safe. If possible, it’s encouraged to move your vehicle out of direct traffic or on the side of the road with the hazard lights on. Once everyone is accounted for, and the move is complete, it’s time to dial 911 and wait for emergency personnel to arrive.
Exchange Information. After contacting emergency personnel, you must exchange contact and insurance information with the other involved individuals, if applicable. However, don’t try to do this if you’re severely injured. It’s recommended not to discuss or divulge any details of the incident with others involved in the accident until emergency personnel arrive as you want to avoid unintentionally incriminating yourself.