Thursday, 23 October 2014

Personal Injury Claims Besides Accidents

An injury caused to a person due to the negligence of another person is a personal injury. The general idea about personal injury is when a person gets injured in an accident. The accident has occurred as a result of negligence of the other driver who is involved. 

Personal Injury Claims Besides Accidents
Besides this general notion, there are other areas which enable you to claim personal injury damages. As the meaning per se, personal injury is the one that happens as a result of offender’s negligence. So, injury caused due to the defective products manufactured by a company, also falls under this parameter.

Defective Products
The products that proved to be dangerous for your personal use are defective products. If for some reason one has received physical damage due to a faulty product, he/she can claim a personal injury claim. Designers and manufacturers are liable to sell safe and comfortable to all products. In case they fail to keep this up, they are liable for paying the damages caused.

This case is different from other visible and non-visible injuries. As in the previously mentioned cases a person has to prove his damages. But in this case where damages are as a result of malfunctioning and faulty products, the claimer need not prove his injury. Rather he needs only to prove that the product is dangerous to use. The product design and manufacturing is unreasonably dangerous to use as intended.

It also can include the defective make of the product. This defective make might have triggered some problem that backfired and injured you. Another reason though is the instructions given to use the product. It is necessary for the manufacturer or the assembler to state instructions for the use of this product. At the same time, making mandatory dos and don’ts, and also provide adequate directions to use the product. When such obligations are not met with and an injury is caused, the defender or the consumer in this case can claim a personal injury claim.

Reporting the injury

  • The defender should keep the evidence, in the first case.
  • Secondly, keep the product in the same state as it was when injury occurred.
  •  Make note of the name of the manufacturer, model, serial number, and user manual.
  •  Keep the receipt which show when and where from the product was brought.
  • If possible, take pictures of the site of accident.
  •  Have accurate addresses and phone numbers of the doctors treating the injured.

This information should be passed on when the claim is made.