Ask a Personal Injury Lawyer:
What Is Considered Personal Injury?
Personal injury claims are some of the most common lawsuits in Missouri, but what qualifies as a personal injury claim? If you have been injured in an accident or through the negligence of another person, and you need help to pay for medical bills or other types of damage, then you may have a personal injury case. You will need help from a personal injury lawyer to file your claim so you can receive your fair compensation.
Ask a Personal Injury Lawyer: What Is Considered Personal Injury?
One of the first questions you will want to ask a Kansas City personal injury lawyer is "what qualifies as a personal injury?" In general, a personal injury is any mental, physical, or emotional harm you have sustained in an accident. Accidents can occur on the road, at work, or on private property. There are several elements of personal injury claims that must be met to file a lawsuit in Missouri. Common examples of personal injury cases include:
- Premises liability
- Medical malpractice
- Product liability
- Nursing home abuse
- Intentional injury
- Motor vehicle accident
Premises liability cases occur when you are injured on personal or private property. These cases only qualify if the property manager or landowner has the responsibility to maintain a safe environment for all guests on the property. A guest on personal and private property can include employees, visitors, or utility workers.
Some exceptions to the rule in premises liability cases include circumstances where the landowner does not have a personal responsibility to the safety of people on land. For example, business owners who are renting their business space are responsible for the safety of guests, but the actual property owners are not. This is because renters of business property are responsible for maintaining the safety of the property in most circumstances.
Medical malpractice cases are common but difficult to win claims. The standards to qualify for medical malpractice claims can be difficult to meet because the injured party will need to prove that the standard of care was not observed during their treatment at a medical facility or from a healthcare professional. You will need to gather substantial evidence to prove the physician did not provide the standard care.
product liability claims occur when a product is defective and has resulted in serious injury. Businesses that sell products have a responsibility to consumers to ensure that all products are reasonably safe. If products substantially harm consumers and the business knowingly sold products that could harm consumers, there may be negligence involved in your case that will allow your cleaned qualify for a product liability lawsuit. Common product liability examples include defective baby products or motor vehicles.
Nursing Home Abuse
Nursing home abuse is a separate claim from medical malpractice. Nursing home abuse occurs when elderly residents of a nursing home are abused or neglected, which results in significant harm to their health or even wrongful death. Many steps must be taken for the investigation of nursing home abuse claims, but the nurses or the nursing home facility can be held accountable for incidents of abuse and neglect.
Motor Vehicle Accident
Motor vehicle accidents are by far the most common personal injury claims in Missouri. Car accidents can involve cars, trucks, motorcycles, or even big rigs, and can be as serious as several car pile-ups or as simple as a fender bender. However, the injuries related to even the simplest motor vehicle accident can create serious or lifelong injuries, so if you are injured in a motor vehicle accident, then you may be entitled to compensation for your injuries.
Intentional personal injury claims involve assault and battery, so if you have been intentionally injured by someone then you will be entitled to recover the cost of your medical treatment. However, to prove an intentional personal injury, you will need to provide evidence that you were purposely injured by another person.
What Evidence Will You Need for Your Claim?
You need a significant amount of evidence to provide proof of your injury claim. For example, in the case of medical malpractice, you will need a list of the health care providers who gave you treatment, all medical treatment documents medical billing statements, and sometimes even independent medical evaluation documents to support your injury claims.
For other types of claims, you may want to have photographic evidence, video evidence, witness testimony, police reports, or other evidence that will prove negligence was involved in your case and led to your entry. Your injury lawyer will help you gather the evidence necessary for your claim so you can receive a better settlement offer from insurance companies or from the person who is responsible for your accident.
Personal injury claims are very common - in fact, they are the most common type of lawsuit in Missouri. A personal injury claim can include anything from product liability to motor vehicle accidents to intentional injury from assault and battery. You will need to work with an experienced personal injury lawyer to build and prove your case so you can receive the compensation you deserve for your injuries.
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