Personal injury is a legal term that refers to injuries caused by the negligent or wrongful act of another person. A personal injury claim can arise from an accident, medical malpractice, intentional torts (assault and battery), or product liability (breach of warranty).
Every state has a different set of laws for obtaining compensation for damages following an accident. However, there are some general guidelines:
- The plaintiff must prove that the defendant was negligent, careless, or reckless in their actions.
- It should be proved that it was the defendant’s negligence that caused the injury to the plaintiff.
Personal injury can be a nightmare for anyone, especially after something as traumatic as being in a car crash. When dealing with this issue, the information that you receive can often be confusing and hard to understand. But don’t worry! We have put together some great information that will help clear up any confusion or questions you have regarding the process of filing injury claims and their settlements.
To learn more about Personal Injury Claims, refer here.
What is Personal Injury, and how to file a claim?
A personal injury claim is a legal action that can be filed to recover damages for losses sustained due to an injury. The losses may include physical pain, emotional distress, and property damage.
The first step in filing a personal injury claim is to contact the person or company that caused the injury. It will either be through a tort claim or a formal lawsuit.
The person (or their insurance provider) responsible for the injury is liable to pay for the victim’s medical bills. Still, they also have the right to defend themselves against the allegations made against them in this type of lawsuit.
Common Personal Injuries and their Settlements
Personal Injury cases are prevalent in the United States. Among the most common types of Personal Injury in the U.S. are:
- Slip and Fall
When someone falls and gets hurt, the result is a slip and fall injury. These injuries can be deadly, especially if there’s a fall from a high place. The Center for Disease Control (CDC) estimates 11,000 deaths each year due to falls. Injuries from falls have become so prevalent that the CDC has designated them as their number one injury in the U.S.
The average settlement for a slip and fall injury is $10,000.
- Motor Vehicle Accidents
The number of motor vehicle accident injuries in the United States varies, but it is estimated that there are at least 1.4 million injuries annually. The Centers for Disease Control and Prevention estimates nearly 250,000 hospitalizations each year from car crashes.
The average settlement for injury from a car accident in the United States is $13,400. However, the compensation depends on the severity of the damage.
- Dog Bites Attacks
The Center for Disease Control and Prevention reports that there are 4.5 million dog bites a year. On average, 380,000 people go to the emergency room for treatment each year.
Dog bite injury settlement, the average compensation is $30,000. When determining the average payment in a dog bite injury case, many factors come into play. One of the most common factors is the severity of the injury, which can range from minor to lifelong disability.
- Defective Products
The U.S. is the most litigious country globally, and even more so when it comes to product liability. Every year, there are 3.2 million people injured by-products, and more than 200,000 of those injuries are severe or fatal. The average settlement for damage caused by a defective product is $150,000, and a jury award averages $200,000.
- Premises Liability.
In the United States, there are approximately half a million-reported cases of premises liability per year. In these cases, the average cost to the victim is $30,000.
Suppose you are looking for a way to get compensation after a Personal Injury accident. In that case, our experienced Personal Injury Attorneys at Garcia and Phan Southern California Personal Injury Lawyer can help.
Contact our injury lawyers at 714-586-8298 today to schedule a free consultation and learn your options.