What Personal Injuries Qualify for Compensation?
When you think of injuries that deserve financial compensation, you probably think of broken bones, internal injuries, traumatic brain injuries, spinal cord injuries, and burns. While all of these injuries are regularly compensated, it’s not a complete list.
If you’ve suffered any of the following types of injuries, you are entitled to seek compensation through an insurance claim or a personal injury lawsuit.
1. Medical malpractice
Medical malpractice occurs when a healthcare professional’s actions (or inaction) causes a patient to suffer further injury or illness. This can take the form of a negligence act or omission of a necessary action. Forms of medical malpractice include, but aren’t limited to:
- Wrong diagnosis or delayed diagnosis
- Prescribing allergens
- Prescribing the wrong dose of a drug
- Discharging a patient from the ER or hospital too soon
A medical malpractice claim is characterized by three factors:
- A standard of care violation. Patients have the right to expect doctors to treat them according to the standards of care recognized by the medical profession. When these standards are violated, it could be considered negligence.
- Negligence as the cause. A patient (or their lawyer) must prove their injuries are the result of negligence and would not have occurred in the absence of the negligent actions.
- Significant damages. The injury must have resulted in a disability, loss of income, extreme pain, extreme suffering, or a significant amount of medical bills.
Regardless of the injury, the presence of all three factors supports pursuing a medical malpractice claim.
2. Slips, trips, and falls
Whether you slip, trip, or fall on a business’ property or someone else’s personal property, you’re entitled to compensation. If you get injured on someone else’s property, you can file a claim through their insurance policy. Their policy will typically pay for your losses like medical bills, lost income, and pain and suffering up to their policy limits. You can also choose to file a personal injury lawsuit against the homeowner or business owner,
Most accidents are covered by homeowners injury liability insurance; however, there are exceptions. If you trip over your shoelace or lose your balance stepping on a small rock, you might not have a case. For slips, trips, and falls, you must prove negligence. You’ll need to prove the homeowner was negligent in keeping their property free from hazards. Another exception is if the homeowner intentionally causes you harm. If that’s the situation, you’ll need to file a lawsuit.
3. Workplace injuries
Most businesses are required by law to carry workers’ compensation insurance. Workers’ comp is a no-fault insurance plan that covers all workplace injuries regardless of fault. For example, if a kitchen employee refuses to wear non-slip shoes per company policy, slips, and injures their back, they can recover compensation through workers’ comp. The same is true for an employee who slips because they haven’t been provided the required, specialized footwear the company is required to provide.
On the other hand, if an employee is injured in the kitchen due to employer negligence, they can recover compensation through workers’ comp, but they should file a personal injury lawsuit instead.
The difference between pursuing a workers’ comp claim and filing a personal injury lawsuit is significant. A person with a good case will usually file a lawsuit because the potential for compensation is greater.
4. Dog bites
Dog bites can do serious damage to the human body, and can transmit diseases like rabies, capnocytophaga, and Pasteurella. If you’re bitten by a dog, you’re entitled to seek compensation for your injuries.
If you know the dog’s owner, that’s all the information you need to contact a lawyer to see if you have a case. If the incident occurred with a dog you can’t identify, ask around the neighborhood to find the owner. When you find the owner, let them know what happened and ask to see the dog to verify it was their dog. If they’re uncooperative, go straight to a lawyer.
Regardless of your injury, seek medical attention immediately
Part of qualifying for compensation involves seeking medical attention as quickly as possible. Not seeking medical help implies that your injuries aren’t serious and don’t require care. So, don’t wait too long. Head to the ER if your injuries are serious or make an appointment with your physician of your injuries aren’t life-threatening. Recovering compensation depends on your quick action.