THE BIG TEN TYPES OF PERSONAL INJURY CLAIMS

Chances are, if you’re seeking help with filing a personal injury claim, your claim will have resulted from one of the ten most common types of injury described in the Daily Campus (listed from most common to decreasingly common):

1. car accidents
2. slip and fall accidents
3. medical malpractice
4. assaults
5. workplace accidents
6. premises liability
7. product liability
8. defamation
9. construction injuries
10. dog bites

Even if what happened to you falls neatly into one of these ten categories (real life is seldom that “neat”, as we’ve learned after close to 50 years’ in the practice of personal injury law), no two cases are ever the same.

Personal injury is also never simple. One of our Florida injury lawyer colleagues actually compiled a list of no fewer than 72 different factors that can affect personal injury claims and settlements, including these examples of factors that have the power to increase the settlement you can win in a personal injury lawsuit:

1. Past complaints – Is your attorney able to uncover prior lawsuits or complaints against the facility where you were injured? (That helps show the injury was not your fault and not just an unfortunate happening, but the result of carelessness by the store, hotel, meeting facility, etc.)
2. You are married – If your accident prevented you from enjoying time with your spouse, and/or from supporting your spouse, there is a better chance of you receiving a higher settlement. Long marriages are considered a sign of stability, making your claim more believable.
   

      3.  Your injury directly interferes with the kind of work you do.

       4.   Your injury is permanent rather than temporary.

       5. You have “proof” in the form of photos and/or affidavits from witnesses.

The word “injury” is itself quite complicated.  In terms of having a legally recognized reason to file a lawsuit, JTLegalGroup.com explains, the word can denote that an individual has suffered:

• physical injury
• permanent disability
• psychological distress
• injury to property
• injury to rights
• injury to reputation

In fact, JTLegal goes on to explain, personal injury claims can be divided into three main categories:

1. Intentional: This can include assault and battery or false arrest or imprisonment.
   
2. Negligent: This includes a failure to act when a duty is owed to another party or a failure to act reasonably.  Motor vehicle accidents and medical malpractice both fall into this category.
3. Strict Liability: Even if a party has not been negligent, they can be held responsible for injuries that occurred on their property or by their products.

Personal injury law – never simple, almost never the same in any two cases. Whether or not your case falls into one of the “big ten” most common categories, at Ramey & Hailey, we are dedicated to treating each client as an individual, offering not just legal representation, but compassionate, personalized counsel.