The 3 Types of Personal Injury Claims

There are three types of personal injury claims. If you are considering taking legal action against a person or organization that you believe is responsible for an injury it is essential to know the difference between each kind. Determining what type of claim to file will depend on the facts surrounding your case.

It is best to schedule a consultation with a personal injury attorney in South Florida so they can best advise you on what type of claim to file and the next steps moving forward.

Personal Injury Negligence Claims

A negligence claim is the first of three types of personal injury claims. It is also the most common claim that people file. You may have a case for proving negligence if another party acted carelessly or recklessly, or failed to uphold their duty to keep you safe.

These types of personal injury claims often result from car accidents, slips and falls, and animal attacks. If you can prove that the opposing party had a duty to protect you, or that the circumstances that caused your injury could have reasonably been avoided, you may have a case.

Proving Negligence in a Personal Injury Claim

There are four things you must prove when filing a personal injury negligence claim. First, you must prove that the opposing party had the duty to protect you or keep you safe. For example, other drivers on the road have a duty to follow traffic laws and drive with care. Stores have a duty to ensure their premises are safe for customers.

Next, you must prove that the person or company breached that duty, resulting in your injury. For example, if another driver crashes into you as the result of reckless driving or a store fails to maintain their property.

Third, you must be able to prove that your injuries are a direct result of this breach of duty. Meaning that the car accident or the improper maintenance of the store is the cause of your injury.

Lastly, you must prove that you sustained damages from the injury. For example, simply falling in a store is not enough to prove negligence–you must sustain an injury, have medical bills to back up your claim, and proof that the injury negatively impacts your everyday life.

Due to the many factors involved in these types of personal injury claims, you must have an aggressive lawyer who is willing to work diligently and collect evidence in your favor.

Personal Injury Intentional Tort Claims

An intentional tort claim is much more serious than a negligence claim and it may be more challenging to prove, unless there is an accompanying criminal charge. An intentional tort claim refers to a personal injury claim that results from a meaningful act. This is a type of personal injury claim that you will file if someone injures you on purpose.

You must prove malice and the fact that the individual knew they would cause you harm. Intentional tort claims are common when suing an individual who committed assault, burglary, or a sexual crime against you that resulted in bodily harm.

Please know that you may still file an intentional tort claim in civil court even if the individual is acquitted in criminal court. Having an experienced attorney on your side who is familiar with these types of personal injury claims is essential.

Personal Injury Strict Liability Claims

Strict liability claims are a very specific type of claim. You may file a strict liability claim against an individual or company if you sustain an injury, even if that person or organization did not act negligently. In a strict liability claim, you do not have to prove the other party is at fault.

There are generally three scenarios where a strict liability claim may be appropriate. Each of these encompass what the courts consider "hazardous activities" or activities that come with excessive danger. What makes a strict liability claim so unique is that the defendant may have taken all the proper precautions to protect you. They may have met all mandated safety requirements and followed protocol. However, due to the nature of the activity the party still assumes that it is plausible another person will sustain an injury.

Animal Attacks and Dog Bites

Owning an animal comes with the reasonable belief that one day they may bite or attack a person. Whether you own a small dog or a dangerous animal, it is possible that they may eventually cause injury to another. If you are bit by an animal, even if the owner had it properly leashed or housed, you may have grounds for a strict liability claim.

Product and Manufacturing Defects

The second scenario in which you may have grounds for a strict liability claim regards consumer product liability. If a manufacturing defect causes injury, even if the company followed all safety protocols and routines when making the product, they can still be held liable for any harm.

Hazardous Activities

The third scenario that may qualify for a strict liability claim regards hazardous activities. Some things in life are dangerous, no matter how much precaution a person or company takes. Things like moving toxic chemicals or waste or dealing with explosives, for example. While companies and individuals may not be able to avoid these activities, they can still be liable for injuries that result from the process. For example, if the toxic chemicals spill and cause burns.

Hiring an Attorney for an Injury Claim

If you sustain an injury and are considering filing a personal injury claim of any sort, consult with an attorney as soon as possible. The sooner you have legal representation working on your case the better chance you have at receiving the settlement you deserve.

Do not accept the first offer from an insurance company or the opposing party's attorney. They will often attempt to get you to take as little money as possible. Having an aggressive lawyer fighting for you will ensure that this does not happen.

Additionally, having an attorney on your side who will work to gather as much evidence as possible strengthens your case. They will know precisely what to look for, such as camera footage and witnesses as well as what documentation you will need to present in court.

If you sustain an injury, always seek medical care immediately. The longer you wait to seek care the weaker your case becomes. After seeing a doctor, make your first call to a personal injury lawyer in South Florida.