4 Types of Personal Injury Legal Claims that Are Regularly Filed in Court
To understand the importance of filing a personal injury law claim, you must understand the definition of a personal injury complaint. These legal claims are usually submitted by victims who become injured because of another party’s negligence. Not only must the claimant prove that negligence occurred, he or she must also show that an injury resulted because of the negligence. The following legal claims are normally handled by a personal injury accident lawyer.
1. Car Accident Claims
These personal injury law claims involve submitting a claim for damages after the client has been involved in an auto crash. A car accident claim can be submitted in relation to one of various types of collisions. These collisions may include rear-end crashes, head-on collisions, or T-bone accidents.
Car accident claims may involve cars as well as trucks, motorcycles, or buses. Some of the common injuries include whiplash, neck and back injuries, head trauma, hip injuries, or knee and leg injuries. Serious injuries may lead to brain and spinal cord damage, post-traumatic stress disorder (PTSD), coma, or death.
2. Occupier’s Liability Claims
This is a specialized claim as it is associated with the Occupiers’ Liability Act. To understand the claims process, you need to define an occupier. An occupier is someone who is a tenant, landlord, or owner of a property. The occupier is responsible for the condition of a property or the activities that are performed on the real estate.
To succeed with this type of personal injury claim, you must demonstrate that the occupier of the real estate did not take reasonable measures to keep the property safe or free of liability and as a result, you suffered injuries.
3. False Arrest Lawsuits
A police officer can make an arrest, provided that he or she has just cause and that the person being arrested is involved in an illegal activity. In the case of a misdemeanour or a minor type of offence, the arresting officer has limited authority. He or she can only arrest a person for a specific time period. This duration includes identifying him or her and issuing them a summons for a court appearance.
A person can also be arrested if it is believed he or she committed a felony. However, you cannot arrest a person based on suspicion alone. An arrest warrant is required to make the arrest. Most of the cases involving a false arrest involve shoplifting, and therefore are directed toward retailers and private security companies.
In most of these instances, proof is required to show the commission of the crime. For example, the shoplifter must actually try to leave the store without paying for the items that he or she has stolen. In some cases, a lawful arrest has been made against the wrong person. As a result, most of the false arrest suits that are submitted result in the reward of high damages to the victim.
4. Wrongful Death Lawsuits
If the victim of a personal injury claim, such as a car accident, dies because of another party’s negligence, the family has, in its right, to submit a wrongful death lawsuit for damages. Some of the damages are what the plaintiff would have requested had he or she lived and continued with his or her personal injury lawsuit. Damages requested by the family usually include loss of support and medical and funeral costs.