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November 2017 – Most Common Types of Personal Injury Claims
Accidents happen when least expected. We can’t plan for them, but we can take steps to limit their likelihood of occurring. The failure to take appropriate precautions is what leads to personal injury lawsuits.
“Personal injury” refers to injuries suffered as a result of someone else’s negligent, reckless or intentional behaviors. Knowing some of the most common personal injury claims can help us become more aware of areas for caution.
- Vehicular Accidents – The New Jersey Department of Transportation reported 59,096 vehicular crashes with injuries for 2016; 685 of those occurred in Hunterdon County. Each year, millions in this country are injured in these accidents, making this the number one personal injury claim.
- Slip and Fall Accidents – Property owners are responsible for keeping their premises safe — clearing away snow, ice and other obstacles, maintaining stairways and providing sufficient lighting. They can be held liable for another person’s injury if they ignore or fail to properly repair a hazard; neglect to post adequate warnings about pending repairs; or violate building codes.
- Medical Malpractice – We expect doctors to heal us, but sometimes they can’t. Unsatisfactory medical results, however, are not grounds for medical malpractice claims. You must show that damages suffered were the result of a misdiagnosis or a doctor’s failure to provide a “reasonable standard of care;” in other words, that he or she failed to deliver the same level of care any other reasonable physician would.
- Defective Products – Manufacturers are required to use reasonable care to ensure the safety of their products. This includes everyone from designers to those who assembly the parts and those who package the product for distribution. Injuries sustained while using the product for its intended purposes as specified are the subject of product liability cases.
Personal injury claims can be complex and are subject to a statute of limitations (New Jersey’s statute of limitations is two years from the injury or from the date of death in cases of fatalities). An attorney experienced in your type of case can help you determine your grounds for filing a claim. Be aware and stay safe!