Eye injuries are not that uncommon, however there are cases where the carelessness or negligence is its main cause.
If this is the case then you can file a personal injury claim or lawsuit to get compensation for whatever damages the eye injury resulted to.
Eye injuries can be sustained for various reasons and the legal issues about the case will also depend on the circumstances surrounding it.
Some of the common causes and the legal options you can take advantage of:
Eye Injuries due to Workplace Accident
Eye injuries are common in construction sites due to dust and small particles that fly around the workplace.
If you sustained an eye injury due to workplace accidents you can either sue your employer for failing to provide a reasonably safe workplace or you can opt for the less risky worker's compensation.
Worker's compensation will provide you income while you recover from your disabling eye injury.
Eye injuries due to Defective Products
Eye injuries are also a common result of defective eye and facial products that contain harmful ingredients.
When filing a product liability suit for your eye injuries, you can use the strict liability clause to shift the focus of the case from the manufacturer's negligence to the existence of the safety defect.
Once you proven that there is an inherent safety defect that caused the eye injury, you can now shift to proving the damages you sustained.
Eye Injuries Due to Dangerous Conditions in Private Property
Although not really common, you can still sustain eye injuries in private properties.
If that is the case, you must first establish what type of visitor you are
Are you a:
- Invitee â in the premises for owner's benefit
- Licensee â has permission to be in property
- Trespasser â no permission to be in property
If you are a trespasser then it is more than likely that you will not be able to collect damages. Still, consult a premises liability attorney for information.
If you are an invitee then it is much easier to prove liability since the owner owes you the highest level of care.
If you are a licensee, you will have to prove the negligence of the property owner by establishing that he has knowledge of the dangerous condition and he had enough time to do something about it.
Eye Injuries Due to Vehicle Accidents
The two most common cause of eye injuries in vehicle accidents are shattered glass and Traumatic brain Injuries (TBI).
Shattered glass, obviously, can enter the eye area and cause puncture wounds and infection.
TBI on the other hand includes eye and visual problems as its symptoms.
When making a personal injury claim or lawsuit against the driver, you have to prove that his negligence caused your eye injury.
The first step in proving the damages you sustained because of an eye injury is to see the extent of damage to your eyes.
So you and your lawyer should proceed to an eye specialist to check your visual acuity.
From there you can proceed to go through other losses such as medical expenses, lost income and non-monetary damages such as pain and suffering.