ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel
  • »
  • Business and Employment»
  • Business Insurance & Liability

Layman's Guide to Personal Injury Claims

Updated on May 5, 2015

Occupational Injuries and Beyond

Injury might be a part of everyone’s life but do you needlessly need to suffer when someone else is to blame? According to a report published by the US Bureau of Labor Statistics in December 2014, 109.4 cases of severe occupational illnesses and injuries were reported for every 10,000 full time workers, both in the private and state/local sectors for 2013. While these are just the figures for non-fatal occupational injuries, the number of fatal cases stood at 4,405 for the same year, the report revealed. Apart from occupational injuries, there are so many other areas of life where we might be vulnerable to hurt or harm.

What Can You Claim For?

According to the National Center for Health Statistics (NCHS), there are about 162,000 injury related deaths in the US every year, along with 1,903,000 injury related hospital discharges and at least 3,852,000 injury related outpatient visits to hospitals. In fact, the NCHS says that accidental injuries are today the leading cause of death for people over the age of 35 in the United States. The only silver lining is that there are experienced and skilled personal injury lawyers who can help you file for compensation for:

  1. Serious injury: This includes loss of a loved one due to birth injury due to negligence, traumatic brain injury, burns and inhalation.
  2. Motor vehicle accidents: Whether you were involved in a two-wheeler accident or a four-wheeler one, everything from bicycle to truck accidents can be claimed for. You can also file a claim for drowning accidents of a loved one.
  3. Medical malpractice or abuse & neglect at a nursing home: The unfortunate reality is that abuse and neglect are fairly rampant in long-term care homes. You can file a claim if you have proof of such circumstances or if you or a loved one has suffered due to the negligence of a doctor, either during inpatient or outpatient treatment.
  4. Product liability: From medical implants to malfunctioning machinery, any product that has caused you an injury that required medical care can be claimed for.
  5. Slip and fall: If you or a loved one has sustained an injury due to conditions such as wet floors, defective flooring or even potholes, you can receive compensation.
  6. Animal attacks: This includes dog bites and injury due to attack by other animals.
  7. Occupational injury: Construction sites aren’t the only places that could lead to such injuries. Any workplace related injury can be claimed for.

These are some of the most common personal injury claims filed in the United States. Others include wrongful death, assault & battery, defamation and playground accidents, among others. However, you need to claim soon after sustaining an injury because there are statutes of limitations on the different types of claims.

Statute of Limitations

Statute of limitations essentially establishes how long after you have sustained an injury you can file a claim in court. While the time frames are likely to differ from state to state, here’s a look at the statute of limitations in New Jersey:

Type of Claim - Statute of Limitations

  • Wrongful Death - 2 years
  • Negligence (leading to motor vehicle accidents, slip and fall, toxic exposure, etc) - 2 years
  • Product Liability - 2 years
  • Strict Liability - 2 years
  • Defamation - 1 year
  • Assault or Battery - 1 year

What You Can Claim Compensation For

You can receive compensation/reimbursement for:

  • Medical treatment and loss of wages
  • Loss of or damage to property as a result of the injury
  • Emotional distress, pain, suffering
  • Loss of consortium, which includes loss of companionship, income, childcare and so on due to injury to spouse
  • Injury to reputation
  • Punitive damages, which is compensation given as punishment to the accused

Limits to the Damages You Can Claim

Usually, there are no limits to the amount you can claim as compensation for your injuries, however, in certain situations, there are some limitations on damages that you should know about. The first important thing to remember is that the estimate that you come up with for damages should be reasonable, especially for compensation of future expenses, such as lost wages or medical treatment costs that might be incurred in future. The best course of action is to consult an experience personal injury lawyer to decide on the amount of reimbursement you should claim.

Non-Economic Damages

This involves compensation not for actual monetary expenses but the emotional and mental repercussion of the injury, including loss of companionship of a spouse. The evaluation of this type of cost is subjective, dictated more by circumstances or your specific situation.

Punitive Damages

The amount is usually judged based on the behavior of the person who is responsible for the injury you have sustained. If they were willfully malicious or disregarded the potential for harm, you can claim punitive damages. In New Jersey, punitive damages cannot exceed five times the compensatory damages or $350,000. However, there could be some exception to this limit as well.

Comments

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: "https://hubpages.com/privacy-policy#gdpr"

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)