Understanding Different Types of Personal Injury Claims

The personal injury law provides a legal avenue for victims to recover compensation as a result of others’ negligence or due to their intentional acts. This branch of law is focused on compensation for the victim (awarded as damages) because of the financial losses that were incurred due to injuries. Critical losses may contain medical costs, absence of pay, suffering and discomfort, etc.

For personal injury law, negligence is the core principle on which the whole law rests. First, two elements must be proven to assert a likely claim of personal injury: first, that the defendant owed the plaintiff a legal duty of care; second, that either negligence or intent breached this duty; and, damage incurred as a result.

The best Houston auto accident lawyer says that understanding different types of personal injury claims, whether they involve an automobile collision, medical malpractice, or are due to a work injury, has specific laws and regulations governing them. One must be familiar with these aspects because they are vital in the legal process.

Motor Vehicle Accident Claims

Indeed, among the most common are motor vehicle accidents. There are several mishaps that result from these accidents; both vary in severity and circumstances, and knowing the underlying causes and situations makes a difference in the claim. Let’s have a look at them.

• Distracted driving contains any form of diversion from driving, such as surfing on the phone, chatting on the phone, eating while driving, or using gadgets such as GPS mounts in the car.
• Considering that such unfortunate incidents are usually caused by driving while intoxicated from alcohol or drugs, the rate at which accidents occur is still a reason for concern due to the severity of these types of crashes.
• Engaging in driving misbehaviors such as speeding or traveling above the allowed limit puts a person at an even greater risk of getting involved in an accident.
• Poor climatic conditions such as rain, snow, or fog may cause road accidents because of reduced vision and slippery roads.

In the event of an auto accident, negotiating with insurance companies is a very important stage.

• In the initial contact, the report should be in an urgency to the insurance company. Nevertheless, be careful with elaborating statements, regardless of the situation towards such an insurer.
• Become familiar with the details of your insurance policy, such as liability, collision, and medical aspects.
• It is also common for insurance companies to start with a settlement that can possibly have a lower value compared to what you can claim. So, you always have to make sure that you fully understand the extent of your injuries before you accept any offer.

A lawyer will be able to engage the insurance companies on your behalf and make sure that you get a reasonable amount since you get compensated. The legal consideration for claiming any motor vehicle accident is very different, and its legal process can also be different based on the nature of the case, whether it is very complex or simple.

Slip and Fall Accidents

Such cases are more often called premises liability when a person is hurt because of the questionable condition that was in the property space of another party. The owners of the property or the occupants have a legal obligation to keep their premises in a fairly  safe condition in order to avoid injuries to other visitors or guests.

Verifying negligence with slips and falls is still a significant challenge but a fundamental aspect of successful claims.

• The plaintiff should present sufficient proof that led to a dangerous condition on the premises, such as a slippery floor or broken steps.
• Prove that the property owner or occupant was aware of the hazard and that there is a need for reasonable inspection and maintenance.
• Confirm that the property owner or occupant didn’t take reasonable steps to abate or to warn visitors of the danger inherent in it.
• Show that the slip and fall resulted in injuries and litigation for damages, including medical expenses, wage loss, or suffering.

Workplace Injuries

One of the other types of claims is workplace injuries. These injuries from work can cause many problems for employees; they may destroy their health and reduce their income and overall sense of well-being. The workers’ compensation program is an important mechanism that is meant to offer monetary relief and medical treatment to workers who get injured or infected by work-related hazards.

Mandatory Coverage: In all jurisdictions except for the UAE, most employers have a legal obligation to provide workers’ compensation insurance coverage to their employees.

No-Fault System: Workers’ compensation is a no-fault law; therefore, employees can receive the benefits without the requirement of employee negligence. Only employees who have incurred an injury or illness due to work are generally treated as eligible for the above-mentioned benefits.

Workers’ compensation benefits are usually made to include the cost of medical services, lost income, rehabilitation, and, at other times, permanent disability or death benefits.

Navigating the Claims Process

Tell your employer about the injury as soon as possible. If you do not report it soon enough, this can become an issue in terms of your eligibility for benefits. Then, see a doctor for medical attention immediately. Medical costs are more often than not in the scope of workers’ compensation benefits.

The third option is to file a workers’ compensation claim through the work or the insurance provider. This requires the filling of particular forms. Your claim will be reviewed by the insurance carrier, and supplemental medical information may be needed or an examination of you by a doctor will follow.

In case of acceptance of the claim, you will be provided with the benefits, including medical treatment, wage loss replacement payments, etc. In the event that your claim is rejected, you can file an appeal. This is where you need to seek the advice of a lawyer to help you during this process.

In the cases where you are medically qualified to come back to work, your employer should provide for any work restrictions that may be needed. However, the legal process can differ greatly in relation to the types of claims. For instance, a worker’s compensation claim has a different process than that of a slip and fall in a public place.

The methods for securing fair compensation in cases with various injuries and scenarios depend on their nature. Such an understanding of every kind of claim helps in determining the right approach to take in terms of a legal solution for every case.

Mokaram Law Firm is Here to Help!

There are different kinds of claims that can occur after certain mishaps occur. Now, certainly, there is no way these cases can be resolved by a person suffering from them. So, these can be managed well if you take your cases to the best law firms. Now, at Mokaram Law Firm, we have the best lawyers that can take your case in their hands and handle them in the best way possible by using their expertise. So, dial (281) 609-9224 today to get your consultation booked.