I was in an accident. Does it qualify as a Personal Injury Case?

June 4, 2021

I was in an accident. Does it qualify as a Personal Injury Case?

is my accident a personal injury case

At some point in our life, we can get into an accident, whether it’s a car accident, motorcycle accident, slip and fall, dog bit and so on. But what type of accidents can actually qualify for a Personal Injury Case? Here we will talk a bit more about what exactly is a Personal Injury Case and what you need to do if you’re ever involved in such an accident.

Is your accident a Personal Injury Case?

According to Personal Injury law (which is also known as tort law) a victim that was involved in an accident, has the option to receive compensation if someone’s negligent or intentional action/behavior has caused the accident.

There are various situations and accidents that can be called a personal injury case, but NOT all of them can actually be a personal injury case. If you, or your loved one, were in an accident that can be categorized as a personal injury case, your first step would be to contact a personal injury lawyer. At Schenk Podolsky we will advise you whether or not your accident is in fact a personal injury case and what are the next steps you could (and should) take.

So what exactly are the most common personal injury accidents?

Car Accidents

The most common personal injury cases filed in the U.S. are car accidents. Car accidents usually happen when someone has violated traffic rules and regulations, maybe because of distraction, carelessness or reckless driving. Whichever the case, the at-fault driver could be financially responsible for the injuries and damages caused from hitting another vehicle.

Medical Malpractice as Personal Injury Cases

Even though they are complex, medical malpractice cases can also be brought as personal injury cases, especially if the treated patient is injured because the healthcare staff didn’t provide competent and skilled care.

Dog bites

Even though laws regarding dog bites can vary from one state to another, generally speaking the owner of the dog should be financially responsible for any injuries that his/her dog caused. In Arizona for example, there is a “one bite rule” which means that the owner is responsible for the injuries, even if the dog hasn’t shown any signs of aggression in the past.

Slip and fall accidents

Next to car accidents, slip and fall accidents are quote common personal injury cases. This is because the property owner (private or commercial) is legally obligated to keep the premises safe and hazard-free e.g. put warning signs, install staircase bars etc. In the event that a visitor gets injured. The property owner can face personal injury charges if he/she didn’t make the effort in making his/her property reasonably safe.

What should you do if you were involved in a personal injury case?

When you or your loved one get injured in an accident, there are a few steps you need to do in order to save and preserve the evidence that will allow you to file a personal injury case. The most common steps are:

  • Collecting evidence – This can include both photos and witness information. The evidence will be used to establish who actually caused the accident and what damages were caused by it.
  • Write down everything that has happened to you after the accident, such as medical bills, hospital visits, loss of ability to work, lost wages etc.
  • In case you speak to others that were also involved in the accident, make sure that you take notes on your conversation.
  • Contact a personal injury lawyer
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