Personal injuries can come in many forms, but there are three main types of claims that your case might fall under. It’s important you understand what type of claim you are facing so you are sure to handle it in the right way. There are documents to file, proof to provide and other factors at play that you’ll need to be sure you take care of. The following are the three main personal injury claims you’ll look at.
- Negligence Claims
Perhaps the most common type of personal injury claims, negligence is more than the defendant simply acting careless. If one person fails to act with a certain level of care that anyone in his or her shoes would act with, it’s considered negligence. Some examples include:
- A driver who chooses to get behind the wheel while drunk.
- A surgeon who leaves a medical instrument inside the patient’s body.
- A parent who lets their unlicensed child drive a car.
- A pet owner who fails to keep the animal properly locked up.
In order for you to have a case against someone who was negligent, you’ll need to provide proof that the individual owed you a care of duty. For example, you’d need to show that you were minding your own business on a public street when a dog came from an unfenced yard and attacked you.
Keep in mind there are some situations in which it would be more difficult to prove negligence. For example, if you signed a waiver of liability prior to attending an event, or if you signed a waiver of liability before doing business with a particularly dangerous company, the other party might try to disclaim liability. You may have to prove gross negligence in such cases.
- Intentional Torts
In some cases, the defendant caused harm to you intentionally, and those cases would be considered intentional tort claims. Some examples would include a thief giving you a beating as he or she stole your wallet, or an individual beating his or her spouse in a domestic dispute. In many of these cases, the individual would face criminal charges, but the plaintiff also has the right to a civil lawsuit.
- Strict Liability Cases
In a case of strict liability, you’ll need to prove the defendant acted in a particularly intentional or reckless manner. A manufacturer that fails to inspect a product or a truck operator who fails to provide maintenance are just two examples of strict liability.
Contacting a Lawyer to Assist In Your Case
If you were injured at the hands of another individual, you are probably entitled to compensation. Contact an personal injury attorney in Indianapolis, IN, like from Ward & Ward Law Firm. Their expertise and knowledge will only give you an advantage when arguing your claim.