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Personal Injury
Types of Personal Injury Claims Your personal injury claim may fall into different categories based upon the type of accident involved.
Motor vehicle accidents. A common area of personal injury involves a car accident with an at fault driver. Typically, a claim for personal injuries (and property damage as well) arises when two cars collide and one driver is at fault for the accident. Claims are usually made against the at fault driver's liability insurance carrier. If the at fault driver does not have insurance or if the accident is caused by a hit and run driver, then a claim is made against your own uninsured motorist coverage provided you elected that as part of your automobile insurance coverage.
Pedestrian/Bicycle accidents. Car accidents also occur between cars and people who are walking or riding a bicycle near or on the roadway. Drivers of cars owe a duty of care to pedestrians and bicycle riders as well. Rules of the road govern the conduct of drivers in these situations and create liability when these rules are violated.
Premises Liability. A premises liability case arises when you are injured on another's property. For a more detailed explanation see the practice area under Premises Liability. Slip and fall accidents may happen while shopping at a store that had a wet spot on a slick tile floor; while walking up steps to a business that had a faulty handrail; or even while falling into a covered hole on a friend's property. The case law in premises liability cases, however, often puts a burden on the plaintiff to watch where he or she is going and not to walk through an open and obvious hazard. In these cases, the specific facts tend to determine the outcome.
More Types of Personal Injury Claims
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