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Claim Types And Litigation For Personal Injuries

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POSSIBLE TYPES OF INJURY CLAIMS

 

ACTS OF NEGLIGENCE AND INTENT

A wide range of injuries, typically brought on by another person’s negligence, are covered by personal injury law. These kinds of events are frequently referred to as “torts” by Grand Junction personal injury attorney. A tort is wrongdoing or an infringement of a right that results in civil legal obligation and is not covered by a contract.

 

This section of the law covers collisions between cars and semi-trucks as well as trips and falls that take place in retail establishments or on public property. In addition to objects falling from store shelves, explosions caused by natural gas or propane, and accidents caused by defective products, there are many other causes of accidents and injuries.

 

COMPENSATION FOR WORKERS

Because these employee claims for injuries covered by workers’ compensation are not always the result of someone else’s negligence or intentional wrongdoing, they can be distinguished from tort claims. A workers’ compensation claim is typically seen as a no-fault claim. Whether the injury happened during the course and scope of one’s employment is the determining factor in a workers’ compensation claim. 

 

Nevertheless, if the harm was brought on by the negligence of a third party who is not a fellow employee, it may be grounds for both a workers’ compensation claim and a separate civil lawsuit.

 

INSURANCE CLAIMS FOR PERSONAL INJURIES

The first step in getting compensation is typically making an insurance claim. Making an insurance claim is done prior to launching a lawsuit since many careless acts are covered by insurance. 

 

Contrary to popular belief, filing a lawsuit or requesting a hearing in a workers’ compensation claim is occasionally necessary when an insurance claim cannot be fairly handled within a reasonable amount of time.

 

DAMAGES & LOSSES

Since the expense of future medical care and lost wages due to the accident can rise quickly, it is frequently necessary to seek compensation, especially when the harm is serious. The list of claim categories above gives you an idea of the range of personal injury claims. 

 

The harms and losses, also known as “damages,” in personal injury cases for which one may be eligible for compensation include

  • costs of past and future medical care; 
  • lost past and future earnings damages; 
  • damage or loss to personal property; 
  • inability to perform household chores; 
  • permanent impairment and disfigurement; 
  • pain and suffering; inconvenience; 
  • emotional stress; and 
  • loss of enjoyment of life.