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Common Types of Personal Injury Claims

Recovering from an injury caused by someone else can leave you feeling overwhelmed but seeking compensation can help you regain your life. The following common types of personal injury claims may apply to your situation.

Negligence

As a personal injury lawyer in Lafayette, Indiana from a law firm like Hall-Justice Law Firm can explain, individuals are subject to negligence claims when they fail to apply the same standard of care that a reasonable person would take in a similar situation. In some cases, defendants may be negligent for failing to maintain safe conditions on their premises. Medical professionals are typically negligent when they fail to uphold a widely accepted standard of care. Negligence claims may apply to:

  • Injuries from car accidents
  • Injuries from slip and fall accidents
  • Injuries following medical malpractice

Strict Liability

These claims apply to any act that causes an injury, even if it is not intentional. The plaintiff does not have a burden of proof to show that the defendant’s actions or judgment are responsible for the injury. Many strict liability claims involve defective products, though, at times, defendants are liable for damages resulting from their involvement in activities that cause harm or injury. An example of this might be a person setting off firecrackers in a backyard and injuring a neighbor. In some states, an individual may be subject to strict liability for a pet that bites someone.

Purposeful Wrongdoing

Liability for intentional or purposeful wrongdoing applies to anyone who willfully injures someone else. These claims often apply to crimes such as robbery, rape, and battery. Liability claims for intentional misconduct are often resolved in civil or criminal court and often are not subject to a heavy burden of proof.

Sometimes, personal injury claims involving purposeful wrongdoing do not include physical contact resulting in bodily injury. For example, it is possible to win emotional injury damages for an accusation that leads to false imprisonment. In other cases, damage to personal property can also be the subject of an intentional liability lawsuit. Examples may include deliberately setting fire to someone’s home or breaking someone’s car windows. 

Slander, libel and defamation also fall under the category of intentional wrongdoing personal injury claims. Plaintiffs can prove that these statements are detrimental to their reputations and lead to emotional distress or financial losses. The statements in question must be proven false for plaintiffs to receive damages.

Personal injury can happen in many ways. When you sustain physical and emotional harm or property damage due to someone else’s actions or negligence, contact a personal injury lawyer to help you obtain the damages you deserve.