The Most Common Personal Injury Claims

The Most Common Personal Injury Claims

Unfortunately, there are many ways to suffer a personal injury, but it’s a comfort to know that the law allows victims to recover damages for their financial losses, physical pain, and emotional suffering resulting from being injured in an accident. The statute of limitations for personal injury cases in New York is three years from when you were injured. The insurance companies will spend enormous amounts of money to string you along so that you either give up on your claim or settle for far less than you deserve, according to Rosenberg, Minc, Falkoff & Wolff, LLP.

Motor Vehicle Accidents

The National Highway Traffic Safety Administration (NHTSA) reported that in 2020 there were 38,824 lives lost in traffic crashes nationwide, the highest number of fatalities since 2007 despite the pandemic keeping many people at home. Car crashes are preventable and are often caused by speeding, aggressive driving, drunk driving, tired or sleepy driving, or distracted driving. There are many different types of car accidents:

  • Rollover accidents
  • Sideswipe accidents
  • Head-on collisions
  • Rear-end collisions
  • Intersection accident, also known as a T-bone accident or left-turn accident

Premises Liability

Landlords are responsible for maintaining their property so that it is free of hazards and safety risks to invited guests. The term “invited” does not necessarily mean that you need a formal invitation to enter the property lawfully. Stores, hotels, and other businesses “invite” customers onto their property to conduct business, and homeowners invite general contractors to work on their homes. The most common types of premises liability cases are:

  • Slip and fall
  • Assault
  • Dog bites
  • Construction site accidents
  • Parking lot accidents
  • Hotel accidents

Injuries from premises liability claims vary depending on how the accident happened. Slip and fall accidents are some of the most common causes of traumatic brain injuries and hip fractures. Assault is also another common cause of traumatic brain injuries. Dog bites, however, can lead to neurotmesis, which is severe nerve damage in the area of the body that was bitten.

Construction Accidents

Construction site managers are required to maintain a safe worksite. According to the Occupational Safety & Health Administration, the most common OSHA standards violations in 2021 were in the areas of fall protection, respiratory protection, machinery, and machine guarding, eye/face protection, control of hazardous energy (lockout/tag out), fall prevention training and hazard communication.

Wrongful Death

A wrongful death lawsuit allows the surviving family members to seek justice and damages from the negligent person or entity that caused their loved one’s untimely death. In a wrongful death case, the plaintiffs have the burden of proof. To receive damages, their attorney must prove that the defendant had a duty of care to the decedent, that the defendant failed to uphold their duty of care, and that their breach of duty led to the decedent’s fatal injuries.

A duty of care is a legal obligation to act reasonably that would not cause harm to others. In general, a wrongful death claim involves negligent, reckless, or intentional conduct. A wrongful death claim can be brought forth by the family against a hospital or healthcare worker, employer, or a reckless driver. The family members can recover funeral and burial expenses, medical bills, lost wages, future lost income, and damages for pain and suffering.

About the author: Cory Weinberg

"Student. Subtly charming organizer. Certified music advocate. Writer. Lifelong troublemaker. Twitter lover."

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