Personal injury refers to bodily injury as well as psychological and emotional harm. The plaintiff who suffers personal injury can file a lawsuit against the entity that is legally responsible for the damage. The losses include the various aspects of the injury for which the complainant can be compensated. Such include the affected person’s hospital bills, reduced quality of life, pain, and suffering. Personal injury claims do not cover damage to property. It is advisable to hire a personal injury lawyer to guide you through the lawsuit.
1. Accidents
Usually, an accident occurs due to failure to observe road rules or careless driving. Personal injury case arises where the carelessness of a person causes harm to another person. Road traffic accidents top the list of personal injury suits in Canada. Other injuries include accidents at work, slip and fall injuries and medical negligence. In the event of an accident at work, accident claim is raised against an employer who fails to ensure a safe operating environment for the staff.
2. Assault and battery
While negligence causes all many other kinds of bodily injury, assault claims are different. An assault claim can be filed when a person intentionally causes harm to another.Often assault claims will fall under criminal offense where the defendant is charged with a criminal offense. The victim of an assault can file a personal injury suit and demand reimbursement for damage.
3. Dog bites
The law holds a dog owner responsible for damages caused by the dog. For example; when the dog attacks somebody in public place, or an invited guest, damages another person’s belongings or when the dog threatens people such that they get hurt when running for safety. Dog bite cases may yield partial or no compensation where the plaintiff trespassed on the property, or the actions of the complainant caused the dog to attack.
4. Slip and fall
This kind of claim occurs when a plaintiff slips within defendant’s premise. The petitioner may allege that the defendant failed to address hazardous conditions within the facilities or did not take measures to prevent the accident. The complainant must prove that the negligence of the property owner caused the slip that led to the injury.
5. Product liability
A product liability claim holds the manufacturers, distributors, and retailers responsible for damages caused by the product to the consumer. There are three types of product claims.
- Manufacturing Defect
These errors emanate from the production process either using materials of low quality or substandard workmanship.
- Design defect
This is where a product’s design is dangerous or defective. There must be evidence that the product does not meet the required safety standards or the benefits of the product are not worth the risk the posed by the product.
- Failure to warn
A product may be well manufactured to meet its purpose and standard but still, pose some risk which may be alleviated by alerting the user. A person harmed by the product can file a suit if the warnings lack on the product. However, compensation will not be awarded to the consumer who failed to use a product according to the manufacturer’s instructions.
6. Medical negligence
Health care professionals are tasked with the responsibility of taking care of the patient’s health. However, injuries can arise as a result of the action or inaction of these experts. In the case of an injury, the victim can file a law suit against the physician or hospital deemed responsible for the damage, under the guidance of an injury lawyer. Medical malpractice can stem up from an incorrect diagnosis, not treating the patient properly or even treating a patient without consent from the patient.
7. Industrial diseases
Industrial diseases include peritoneal mesothelioma, asbestosis, occupational stress, occupational deafness, repetitive strain, chest diseases, and vibration white finger. Chest diseases include silicosis, asthma, and emphysema, among others. Industrial diseases arise from exposure harmful substances such as asbestos and silica or other toxic compounds via contaminated water or air. Such can cause impairment of organs, injury and even fatality.
All personal injury cases need a detailed assessment and understanding of the facts. It is important that the parties concerned in a personal injury suit understand the process and the law. This is why anyone involved in a personal injury claim needs to find an experienced injury lawyer to help pursue a lawsuit.
