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What Is Considered A Personal Injury?

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Personal injury refers to physical, mental, or property damage sustained by an individual as a result of the negligence of another party. Personal injury can refer to illnesses, accidents, or trauma that have an impact on the victim’s psychological state and, in some cases, lifestyle.

Many people have been hurt at work, at home, while running errands, and in a variety of other situations. However, some injuries are more severe than others, and when a third party is at fault, it becomes a personal injury case.

This type of injury entitles you to file a personal injury claim against the at-fault individual or organization in order to recover compensation for the financial consequences of their irresponsibility.

Perhaps you’ve heard of personal injury claims but aren’t sure why people file them; keep reading to find out.

What Is Personal Injury Law?

Personal injury law protects the rights of people who have suffered serious injuries or property damage as a result of another person’s actions or inactions. Personal injury cases arise as a result of these injuries and damages.

The accident victim can file a personal injury claim to recover monetary compensation for the consequences of the defendant’s actions.

The majority of personal injury claims today are filed by victims of car accidents or slip-and-fall accidents who have suffered property damage or physical injuries.

Is Personal Injury and Bodily Injury the Same Thing?

Bodily injury refers to injuries or damage to a person’s body and is frequently used in criminal court proceedings when referring to a crime victim’s injuries. Meanwhile, personal injury is commonly used in civil cases to cover all costs incurred as a result of wrongful death or an accident.

The distinction between personal and bodily injury is where each term may appear in a legal context and the type of damages you may be able to recover, as each case may present different standards for liability.

What Does Personal Injury Claims Include?

A personal injury claim can include the following:

  • Physical injuries
  • Emotional trauma
  • Pain and suffering
  • Physical disabilities

What Does a Bodily Injury Claim Cover?

A typical bodily injury claim will cover your injury-related expenses if you submit them to your injury insurance carrier. The claim may include costs related to your injuries or those of other people involved in the assault or attack, depending on the laws where you live.

What Qualifies as a Personal Injury Case?

When one party suffers injury or property damage as a result of the negligence of another, and there is physical evidence, the injured party may have a valid case. You can file an injury claim with evidence of demonstrable damages, whether from a car accident or medical malpractice.

Common Types of Personal Injury Claims

Car Accidents

Despite the increasing number of road safety measures, America still records thousands of car accidents each year, the majority of which are caused by reckless, drunk, or distracted driving. A person who has been seriously injured in a car accident may file an injury lawsuit.

Perhaps the perpetrator caused property damage and injuries to several people; such a person may have multiple personal injury cases to defend.

 

most personal injury claims

 

Work-related Illnesses and Accidents

Every workplace poses some level of risk, ranging from chronic stress to exposure to hazardous substances. Workplace safety regulations help to reduce the risk of accidents.

If your employer violates safety regulations and you are injured, you can file an injury claim to recover medical expenses and other losses.

Medical Negligence

This type of injury case is more common than most people realize, especially when it comes to surgery. Doctors occasionally make errors that result in pain, emotional distress, permanent disabilities, and even death.

You have the right to seek financial compensation for your pain and suffering. In extreme cases, you may need to file a criminal lawsuit. Consider hiring a reputable injury lawyer for your case, as the insurance company of the at-fault party may try to cheat or dismiss your case if you handle it yourself.

Transportation

On public transportation, such as a bus or train, you can sustain personal injuries. When a taxi or train is involved in an accident, passengers may sustain serious injuries.

If the accident was caused by professional negligence or a lack of adequate safety measures, the accident victim may be able to file a financial compensation claim.

Defective Products

Anyone who suffers harm as a result of product consumption or device use may be able to file a liability lawsuit against the product manufacturer if an electronic device, medical tool, vehicle component, consumer product, or other product is defective or dangerous.

Slip and Fall Accidents

Individuals who are injured as a result of a slip, trip, or fall on public or private property may be entitled to financial compensation.

What Are the Recoverable Expenses in a Personal Injury Claim?

Perhaps you or a loved one was injured as a result of another person’s negligence; you may be able to file an injury claim to recover the costs of:

  • Lost income when you couldn’t return to work due to the injury
  • Medical expenses for present and future and future treatment
  • Compensation for physical and emotional suffering
  • Compensation for temporary or permanent disfiguring
  • Financial compensation for travel expenses

Determining Eligibility for a Personal Injury Claim

Not every injury qualifies you to file a personal injury claim. You may not be eligible for compensation in some states if you could have avoided the injury by exercising reasonable caution. However, it is best to consult with an injury lawyer about the specifics of your injury.

Call Dervishi Law Group Today for a Free Case Evaluation!

If you have been injured, the first and best step is to contact an experienced lawyer. If you work together, you can obtain appropriate compensation for your injuries and other losses.

Our team of personal injury lawyers at Dervishi Law works tirelessly to protect your rights and ensure you receive the compensation you deserve. We assist and represent injury victims throughout New York, Manhattan, Long Island, and Queens, and our successful representation is well-known.

Call us today at 917-300-0797 to get professional help with your injury claim.

About The Author

Fatos Dervishi, Esq.

Fatos Dervishi, Esq.

A personal injury attorney, with offices in the Bronx and Manhattan, Fatos Dervishi has years of experience handling cases in New York. Mr. Dervishi, who grew up in Albania, obtained his law degree in 1989 from the Tirana University School of Law. He then worked as a special agent of the General Investigations Office with an office in Tirana, before being elected Deputy Attorney General by the Albanian Parliament in 1994. He served as Deputy Attorney General of Albania from 1994 to 1998.

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