If you experience an injury in your own home, such as tripping over a child’s toy on the stairs and taking a bad fall, you have no legal options to recover losses if you’re out of work for a month while you recover. However, if you take a bad fall in a convenience store because a leaky ice cream freezer left a slippery puddle on the linoleum, you may have a strong claim for a personal injury case against the store owner or manager. The difference between the two scenarios above is that a store owner has a duty to take reasonable measures to prevent injury to those lawfully on the property. If the owner was aware that a freezer was leaking and didn’t promptly repair or otherwise address the issue, then they are liable for the damages to the fall victim. In a personal injury case, “damages” are the economic consequences of the injury, like medical bills and lost wages, and non-economic damages like pain and suffering. Both are available for compensation in a personal injury claim.
Common Personal Injury Claims
When an individual or business entity fails to act the way a reasonable party would have under the same circumstances and the result is an injury to someone else, the negligent party is liable for the damages. Common personal injury claims include those for injuries sustained through the following:
- Car accidents
- Commercial truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Workplace injuries
- Slip-and-fall injuries
- Birth injuries
- Dog bites
- Defective product injuries
- Medical malpractice
Payment for compensation in personal injury cases typically comes from the at-fault party’s insurance policy. For example, an auto insurance personal injury protection (PIP) policy in a car accident or a property owner’s liability insurance for a dog bite or slip-and-fall accident.
Catastrophic Injuries in Personal Injury Claims
In particularly egregious accident cases, a personal injury claim may be a catastrophic injury claim. Catastrophic injuries typically have long-lasting implications on the injury victim’s life, like permanent disability or impairment. Catastrophic injury claims often demand larger settlement amounts to provide for diminished future earning capacity due to disability as well as ongoing healthcare-related expenses, equipment, and medication. Examples of common catastrophic personal injury cases include the following:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Multiple or complex fractures
- Severe burn injuries
A catastrophic injury claim holds the liable party accountable and helps provide compensation for severe damages. While financial compensation can’t erase the harm and pain of a catastrophic injury, it provides a sense of justice as well as a financial cushion so the victim can focus on maximizing their physical recovery.
When a Personal Injury Claim Becomes a Wrongful Death Case
Sometimes an injury is so severe that it results in a fatality. In this case, if the injury that caused the death would have qualified for a negligence-based personal injury claim had the victim survived the injury, then the victim’s close surviving family members may file a claim for wrongful death damages if they can show economic losses from the death as well as grief and anguish. Damages in wrongful death claims include:
- The victim’s medical bills before the death
- The victim’s lost wages
- Loss of future income if the victim was a family provider
- Loss of benefits such as healthcare and retirement
- Funeral and burial expenses
If you or a loved one sustained a serious injury and you’re experiencing significant damages it’s best to speak to a Cherry Hill personal injury lawyer about your options.