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December 16, 2014

When can I File a Personal Injury Claim?

Personal Injury ClaimMost people are familiar with the term “personal injury lawsuit,” even if it is just from television shows and commercials. However, many individuals may not know what type of events may lead to such a lawsuit.  The truth is that many different scenarios may lead to a personal injury claim, and an experienced Philadelphia personal injury attorney can advise you of your rights based on the type of injury you suffered. The following is a brief overview of the most common PI claims.

Traffic-related accidents—This is perhaps the most common type of personal injury claim, as over 1.6 million Americans reported sustaining injuries in motor vehicle accidents in 2012 alone, according to the National Highway Traffic Safety Administration (NHTSA).{1} Traffic-related personal injury claims may include injuries suffered in car accidents, truck accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, and more.

Medical Malpractice—This type of case arising when a doctor or other medical professional fails to meet the legally required standard of care and a patient suffers injury as a result.{2} Common medical malpractice claims include failure to diagnose a condition, surgical errors, medication errors, anesthesia errors, delayed treatment, and more.

Product Liability—These cases stem from a defective product that was sold or distributed by a manufacturer. Companies have the duty to make products reasonably safe for their intended use or to give proper warning of potential hazards. If the company fails to do so, it may be held liable for resulting injuries. Common products liability cases include dangerous pharmaceuticals, auto defects, and defective child and infant products.

Premises Liability{3}Landowners are legally required to keep their premises reasonably safe for visitors and customers. If a visitor suffered injury due to a defect that the landowner should have realized and repaired, a premises liability suit may follow. These cases often involve slip and fall accidents, falls down stairs, and more.

Workplace accidents—While some jobs are more dangerous than others, almost anyone has the ability to get hurt in the workplace and over 3 million workers reported illness or injury in 2013 alone in the U.S.{4} The three most dangerous professions are noted to be mining, construction, and transportation industries. However, even an office worker can get hurt due to a slip and fall accident or similar event. Personal injury claims for workplace injuries may be complicated, but do allow some injured workers to recover from the liable employer.

{1}http://www-nrd.nhtsa.dot.gov/Pubs/812032.pdf

{2}http://en.wikipedia.org/wiki/Standard_of_care

{3}http://en.wikipedia.org/wiki/Premises_liability

{4}http://www.bls.gov/news.release/osh.nr0.htm

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