If you sustained injuries due to the negligence of another, make sure you have an experienced legal advocate fighting in your corner. A Covington personal injury lawyer at the Law Offices of J. Price McNamara will work hard to protect your rights. He will also help you receive maximum compensation for your injuries.
Can I Receive Damages for My Injuries?
“Personal injury” is a general term, covering a wide variety of circumstances and injuries. Each case is unique, and dependent upon a number of factors that determine how much compensation a claimant can expect to receive. Therefore, having a qualified Covington personal injury lawyer from the very beginning is essential. He can examine the facts and circumstances of your case and advise you through each step of the claims process.
Below are a few different types of injuries that often qualify as a legally actionable personal injury claim.
If you were in a car accident and sustained injuries as a passenger, you may be able to file a claim against the driver’s insurance company. This is true regardless of which driver was at fault — it doesn’t matter whether it was the driver of your car or the driver of the other vehicle. In addition, if you were driving a car and got into an accident, you may still have a case even if you were partially at fault.
Slip and Fall Injuries
Property owners have a duty to keep their property free from hazards, and otherwise safe. There are two different types of situations where an injured party can recover damages in slip and fall cases.
- If a property owner knows about an obstruction and does nothing about it.
- If the property owner says they didn’t know about the obstruction, but someone else in their situation would have known about the obstruction.
Dog Bite Injuries
If a dog bite resulted in injuries, your Covington personal injury lawyer will inform you that the dog owner can be held liable. This is true regardless of where the bite occurred — on your property, on public property, or even on the dog owner’s property.
Medical Malpractice Claims
Medical malpractice cases arise out of incompetent medical care or unreasonable medical care. Your Covington personal injury attorney will examine the standard of care exercised in your case to see whether or not you have a claim. He will look for three major areas:
1) Lack of Informed Consent
If lack of informed consent occurred, this means that either:
- The medical professional failed to fully inform the patient of the benefits and risks of a given medical procedure, or
- The medical professional performed a procedure on a patient against a patient’s wishes.
2) Mistakes in Treatment
To prove mistakes in treatment occurred, you must show that:
- The medical professional must have made a mistake in the treatment of a condition; and,
- A reasonable, competent doctor would not have made that mistake in treatment.
3) Improper Diagnosis
Likewise, to prove improper diagnosis, you must prove that:
- The diagnosis was improperly made; and,
- A reasonable, competent doctor with the same information would not have made that same mistake and would have made the correct diagnosis.
In each of these cases, your Covington personal injury lawyer will retain an appropriate medical expert from the field in question. The expert will review the facts and circumstances of the case.
Injuries Caused by the Negligence of Others
People are expected to exercise due care in their daily lives. In other words, they have an obligation to look out for the safety of other people. You may be able to receive damages if someone failed to exercise due care and you suffered injuries as a result.
Business owners also have a duty of care to their employees. Your employer has an obligation to make sure the workplace is safe. For example, he or she must provide proper protective equipment when employees are handling dangerous chemicals. He or she must also provide a hard hat in areas where a hard hat is appropriate.
Work-related injuries also occur in cases of falling — where there is unattended water on the floor, for example. Another example of a workplace injury is if someone falls off a platform due to failure to properly secure the platform with a railing or banister. Generally, if you suffered from an injury at the workplace, you may file a claim with Workers’ Compensation.
Injuries Caused by a Defective Product
Injuries and deaths from defective products are also a basis for a legal claim. Examples of defective products include:
- faulty brakes on your car
- medical product or device that malfunctions
- clothing that is not properly flame retardant
- playground equipment
If You Have Sustained Injuries
- Medical expenses
- Lost wages
- Pain and suffering
Call Today to Speak to a Covington Personal Injury Lawyer
If you or a loved one have suffered injuries, don’t wait until it’s too late. Reach out to a seasoned Covington personal injury lawyer who can help from the first stage of the injury claims process. Your attorney can discuss the specific facts of your case with you, and help determine whether you have a claim. Call the Law Offices of J. Price McNamara today to ensure that you get the best results for your case.