Understanding the Eight Most Common Personal Injury Claims | Personal Injury Attorneys, Wichita, KS

According to the Centers for Disease Control and Prevention (CDC), 39.5 million Americans require medical attention due to personal injury each year. From medical malpractice to construction site accidents, personal injury law covers a multitude of cases in which an injury occurs as a result of negligence and allows injured individuals to gain compensation for their damages. Because not every injury results in legal liability, it is important to understand when you may have a personal injury case on your hands. To help you become more familiar with the concept of negligence, our personal injury attorneys in Wichita, Kansas, at the Prochaska, Howell & Prochaska LLC Law Firm, detail the eight most common types of personal injury claims below.

Motor Vehicle Accidents

Car accident claims are considered the most common personal injury claim in the United States. Millions of drivers are injured in motor vehicle accidents each year, with 38,680 Americans killed in 2020 alone. Because motor vehicle accidents are typically the result of another driver’s negligence, many victims will decide to file personal injury claims to gain compensation for their injuries. Whether caused by a driver under the influence of drugs or alcohol or the result of texting and driving, motor vehicle accident claims can involve anything from cars, trucks, and motorcycles to buses and pedestrians.

Motor Vehicle Accidents

Car accident claims are considered the most common personal injury claim in the United States. Millions of drivers are injured in motor vehicle accidents each year, with 38,680 Americans killed in 2020 alone. Because motor vehicle accidents are typically the result of another driver’s negligence and the negligent driver’s insurance company will not pay the value of the loss, many victims will decide to seek an attorney for help. If just compensation is still refused by the insurance company, your attorney may need to file a personal injury claim on your behalf to get a fair settlement. Whether caused by a driver under the influence of drugs or alcohol, the result of texting, or just not paying attention, motor vehicle accident claims can involve anything from cars, trucks, and motorcycles to buses and pedestrians.

Medical Malpractice

If you have been provided medical treatment by a doctor or other medical professional that was inappropriate and were injured as a result, you may be the victim of medical malpractice. While it is important to keep in mind that poor treatment results do not necessarily equate to medical malpractice, any serious injury or death caused by the negligence of your doctor, nurse, hospital, or other medical professional should be discussed with an expert personal injury attorney that specializes in that area of practice. Medical malpractice attorneys not only know the law, but they also know the medicine. Some of the most common examples of medical malpractice include improper treatment in an emergency room, surgical errors, medication errors, and misdiagnosis.

Premises Liability

If you have ever owned or rented property, you are probably aware of the liability that accompanies keeping your property hazard-free. It is your legal duty to keep your premises adequately safe to ensure your visitors avoid becoming injured on your property and do not file a personal injury claim. It is not just your landlord’s responsibility; it is also the responsibility of any retail store you may enter. Depending on the circumstances and state-specific law regarding liability, individuals injured due to unsafe or poorly maintained property may be entitled to compensation – whether public or privately owned.

Assault

With violent crime rates on the rise, assault injuries are among the top personal injury claims in modern times. Unlike other common personal injury claims, assault is typically not the result of negligence and will involve an additional criminal investigation. If you believe that you have cause to file an assault personal injury claim, our personal injury attorneys in Wichita at the PHP Law Firm recommend contacting an experienced attorney as soon as possible. The time period to bring an assault or battery claim are shorter than most other personal injury claims, so do not delay in making contact soon.

Product Liability

Defective products are relatively common and can be considered directly responsible for any injuries occurring as a result of the faulty product. Products such as dangerous drugs, defective vehicle parts, and foods with improper warnings or operation manuals can easily become liabilities for businesses, individuals, and government entities. A skilled personal injury lawyer will be able to help evaluate the harmful product and identify the responsible party while pursuing a claim. These claims can be complex, so if you have been injured by a defective product, call an attorney as soon as possible so the defective product can be secured and the claim investigated right away.

Wrongful Death

A wrongful death lawsuit may arise when someone has been killed due to the negligence or carelessness of another party. Wrongful death damages are not limited to just the decedent. A wrongful death case allows the decedent’s loved ones to recover from the loss as well. The majority of wrongful death cases result from motor vehicle accidents, nursing home neglect, medical malpractice, and the use of dangerous or defective products, but may also result from various other circumstances. Wrongful death damages not only include such items as loss of the decedent’s income and pain and suffering, but it also includes losses suffered by the decedent’s loved ones such as bereavement, sorrow, loss of enjoyment of life, loss of companionship, and loss of services. Because wrongful death lawsuits allow for the recovery of damages different from those provided to victims of non-fatal injuries, it is important to consult with a skilled attorney to discuss the specifics of your case.

Workplace Accidents

Employees injured on a job scene or under the supervision of an employer are generally not permitted to file a personal injury lawsuit against their employer. Because of this law, workplace injuries fall under the U.S. Department of Labor’s Workers’ Compensation Program, which provides compensation to workers and other specific groups who are injured at work or acquire an occupational disease. Fault is not an issue. Compensation is triggered so long as the injury occurred at work. Compensation includes medical treatment, lost wages, payment for disability, and a lump-sum payment to compensate the injured party for permanent work loss.

How PHP Law Firm Can Help

When you contact the PHP Law Firm personal injury attorneys in Wichita, we can schedule a free consultation to discuss your situation before making a recommendation. If our team feels that you are the victim of negligence and you would like to proceed with legal action, you will not be charged any fees unless we win compensation for you.

Contact us directly at (316) 683-9080 to schedule a free consultation. We look forward to speaking with you!