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Personal Injury Claims – Types, Causes, Damages, Liable Parties, and Legal Recourse

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Filed under Automotive, Editorial

Man feeling pain to the neck after a car crash

Personal injury claims are a right under the law. The injured party can seek compensation for their losses and damages, including medical expenses, lost wages, and pain and suffering. This can be through a court lawsuit or an insurance claim.

Accidents occur across Brooklyn and throughout the NYC region, resulting in a range of significant injuries. Victims may be entitled to compensation from the responsible party. This blog post will help you understand the types and causes of personal injuries, liability, damages, and legal options.

Types of Personal Injury Claims

An injured party can file a claim for several types of personal injuries, including:

Product liability claims

Product liability cases arise when an individual gets injured by a defective product manufactured by someone else. If you’re a resident of Brooklyn and need help building a compelling product liability case, you can learn more from these Brooklyn personal injury lawyers to build a persuasive case.

Motor vehicle accident claims

Motor vehicle accidents can lead to severe injuries, especially while riding in a car driven by someone else. Motor vehicle accidents may result from negligence, reckless driving, or drunk driving.

Workplace accidents claims

If you get injured at work, contact a personal injury attorney who can help ensure that your rights are protected during the workers’ compensation process. Workers injured in a workplace accident may be entitled to compensation for their medical bills and lost wages.

Wrongful death claims

A wrongful death claim can result in damages for loss of companionship, financial support, and funeral costs. Wrongful death claims happen when someone dies due to another person’s negligent or intentional actions.

Premises Liability

When another party is responsible for keeping their property safe yet fails to do so, they may be liable for any damages caused by their negligence.

Medical malpractice claims

If a doctor is negligent in treating you and causes you harm, you may be able to sue them for monetary damages.  

Causes of Personal Injury

Some of the prevalent causes of personal injury include:

Drugs and alcohol

This may include drunk driving or driving under the influence of illegal drugs such as marijuana or cocaine. The influence of drugs and alcohol is another prominent cause of personal injuries and related claims.


If a driver fails to stop at a red light and hits another car, causing severe injuries to the driver and passengers, this could be considered negligence. Negligence is the most common cause of personal injury cases.

Defective systems, products, or services

If a product is defective and causes injury to a person or damages property, the manufacturer may be liable for any resulting injuries or damages.

Malicious intentions

A person can be liable if they intentionally harm another person. Intentional torts include assault, battery, and emotional distress caused by slander, libel, and false imprisonment.

Types of Damages

Damages from a personal injury claim can vary widely depending on the circumstances surrounding your case. They fall into these major categories.

Compensatory damages

Compensatory damages are for actual losses such as medical expenses you’ve incurred and any lost wages or earning capacity.

Non-economic damages

Injuries like emotional distress, loss of consortium, and pain and suffering often require a lot more time and effort on behalf of your attorney to prove that they exist. Non-economic damages are awarded for these injuries.

Special damages

Special damages are for things like property damage and lost wages—expenses that can be easily calculated and proven.

Punitive damages

Punitive damages are often only awarded in extreme cases where there is clear evidence of malice or malice aforethought on behalf of the defendant. Punitive damages are for punishing wrongdoers for their actions.

Personal Injury Claim Process

Liable parties can be held responsible for your injury and its consequences. In the case of a car accident, these can include the manufacturer of the vehicle, the driver of the vehicle that struck you, or any other party whose negligence contributed to the accident.

First, hire an attorney specializing in personal injury cases to file a personal injury claim. Some attorneys may request that you file suit against the person who caused your injuries. Others may suggest filing an insurance claim instead. Once hired, they will help you prepare your case and decide on the best action.

Concluding Thoughts

Overall, even if you weren’t seriously injured in an accident caused by someone’s negligence, you could still file an injury claim. Contact a personal injury attorney if you have reason to file a personal injury claim.


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