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7 of the Most Common Issues Involving Criminal Injury Compensation Claims

7 of the Most Common Issues Involving Criminal Injury Compensation Claims

Criminal injury law provides a way for an injured party to be compensated after another party’s negligence or act caused harm to the plaintiff.

Although there are many ways that responsibility for the harm can be proven, there are also a multitude of ways that the injury can happen.

In this article, we’ll list some of the most common types of claims, and some examples of each.


Auto accident injuries

Injury claims that involve automobile accidents are common. In 2015, injuries from automobile accidents were the second leading cause of emergency room visits in the U.S. Possible reasons to seek a personal injury claim in the event of a car accident are not just for the drivers: a person can also be hurt when they are a passenger in a vehicle driven by someone else.

No matter what your position in the car, auto accidents can damage nearly every part of the body, and you may need to seek treatment for anything from whiplash to broken bones and internal injuries.


Injuries from defective products 

Consumer product related injuries are more prevalent than you might think. Just over 12 in 100 people suffered from an injury from a product in 2010 - and those are just the ones that required a trip to a physician.

Examples of this type of injury could be a defective ladder that caused a fall, a skin care product that caused burns, or an appliance that caused injury from an electrical shock. If the product was defective in manufacture, design, or didn’t give adequate instructions or warnings, the manufacturer can be held liable.


Construction accidents

Suffering an injury on a construction site as a worker can lead to catastrophic injuries. The very nature of the job exposes a worker to hazardous conditions. Although the injured worker could be eligible for a workers compensation claim, there’s also a responsibility that the employer must maintain.

If the employer failed to provide safe working conditions, the accident victim could be able to sue for additional damages for pain and suffering and future medical costs. Workers compensation only covers medical bills, possible loss of wages, and permanent injury.


Care home injury

Long-term care providers deal with populations that are subject to injury - whether it be from falling, damage to fragile skin, or other causes. Falls, in particular, are common and often one of the reasons to place a family member in assisted living - to reduce this risk.

However, it is possible that the facility might be liable for injury in some cases. It is the responsibility of the facility to adequately evaluate risks, follow safety protocol, train staff, and maintain adherence to several areas of oversight. If they have failed in one of these areas, and an injury results, they may be liable for damages and held responsible.


Medical malpractice

This can be a much broader category than imagined. Although many imagine an error during a surgery, the interpretation of what constitutes liability simply covers that a medical provider was negligent.

This includes not only doctors, but can also assume liability on the part of other providers, such as nurses or dentists. If an injury is the result of a provider being negligent, a medical malpractice suit may be the correct way to seek recourse. Some examples could be plastic surgery procedures that caused damage or disfigurement, misdiagnosis of a condition, or improper administration of anesthesia that led to brain injury.


Municipal accidents

City and state governments have a responsibility to maintain safe roads, structures, and transportation. When a person is injured due to negligence in maintaining public works, the responsibility may fall back to the governmental party to pay for the damages.

Bridge failures, police brutality, and train accidents are all often in the news. Whether the injury occurred due to failure of timely maintenance or from improper oversight, the victim may well be entitled to compensation. Anything from broken highway guardrails to hazardous sidewalks could fall into this category.


Criminal injury

If you’ve been criminally attacked and have suffered injuries or other damage, your attacker can be also be held responsible for your medical bills and other losses. You can sue them for compensation, seeking reparation for things like property loss, but there are other ways they can be made responsible.

As the victim of a crime, you can be compensated for other expenses, such as relocation costs, wage loss, and mental health counseling. Even if law enforcement helps you with filing the initial paperwork, it is important to get professional help, such as the services of a good personal injury attorney. The course to compensation is complicated and can stretch out almost indefinitely, if you don’t know how to proceed and navigate the legal system.


Conclusion

Personal injuries are much more wide-reaching and eligible for successful compensation than most people think. Keep these categories and examples in mind, if you, or someone you know, is a victim of an accident. The next step, after beginning the recovery process, should usually involve contacting an attorney who can explain the legal steps to you.

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About the Author:

Distasio Law Firm


Scott Distasio is an auto accident attorney in Tampa. In February of 2006, he founded the Distasio Law Firm, which focuses on all types of personal injury cases. He wanted to open a practice that represents his belief that all firms should provide outstanding service to their clients and help them obtain the highest attainable compensation for their claims. They hold the responsibility to provide the community with outstanding service in high regard. To see what legal wisdom Scott shares next, follow @scottdistasio on Twitter... View full business profile here: Distasio Law Firm





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