Most Common Personal Injury Claims
Personal injury claims make up a massive portion of legal claims brought in the United States every year. There are hundreds of thousands of tort (injury) claims each year across the country, thousands of which wind up at trial. Read on to learn about the most common types of personal injury claims. If you’ve been hurt by someone else’s negligence in Goshen, the Hudson Valley, or New York City, call a knowledgeable New York personal injury lawyer for help.
Car crashes are the most common reasons for personal injury cases across the country. Traffic accidents–whether they involve passenger cars, large trucks, pedestrians, motorcycles, bicycles, or other vehicles–almost always result from some form of human error. Someone failed to follow the rules of the road, or they failed to act appropriately when confronted with a hazard, and someone else was injured as a result.
In New York, car accident victims must rely on their no-fault insurance coverage unless they suffered “serious injury” as a result of the crash. If they suffered a serious injury, then they can file a claim against the at-fault driver.
Slip & Fall
Slip and fall claims are also extremely common in New York and nationwide. A slip and fall accident occurs when a visitor slips, trips, or falls due to a hazard on the property. The visitor may be a customer at a grocery store or a guest in someone else’s home. The hazard may have been caused by the premises owner or operator–such as an unmarked wet floor left after an area was mopped–or may have been caused by other parties but left unremedied by the premises owner–such as when a customer spills a liquid in a grocery store and the employees fail to clean it up in a timely fashion.
Whether the premises owner is liable depends on the situation, the nature of the property owner or operator, and the actions of the property owner or operator. Stores open to the public, for example, have a greater duty to watch out for and remedy hazards. Apartment renters, on the other hand, may only be liable for hazards they either caused or knew about.
Product liability arises when a person is injured due to a defective product. Defective products may include automobiles, home appliances, children’s toys, pharmaceutical drugs, or any other good that was placed into the market. Products may be defective as originally designed or they may become defective due to some error in the manufacturing process.
Premises liability claims arise when someone is injured on someone else’s property. Slip and falls are the most common premises liability claims, but any injury that occurs on someone else’s property can give rise to a premises liability claim. Premises liability may arise when someone is hurt by a collapsed roof, an elevator failure, a loose electrical wire, an unsafe swimming pool, or any other hazard the premises owner created or should have known about.
Wrongful death claims arise when a person is killed due to the conduct of another person or party. The rules for bringing a wrongful death vary by state. In New York, a wrongful death case arises when there is:
- A death;
- Caused by the wrongful conduct of a defendant;
- Giving rise to a cause of action the deceased could have pursued if they survived (e.g., personal injury);
- Survival by one or more persons who have suffered a loss due to the death; and
- There are damages recoverable by the estate.
While other states allow any family member of the deceased to file wrongful death claims, a New York wrongful death claim must be brought by the personal representative of the deceased party’s estate. A wrongful death suit can seek damages for losses suffered by the estate as well as for losses suffered by the survivors of the deceased.
If You’ve Been Hurt, Dupée & Monroe Can Help
If you need help getting the money you’re owed after a negligence-based accident in New York, contact the passionate and trial-ready Goshen personal injury lawyers Dupée & Monroe for a free consultation at 845-294-8900.