What Is Considered a Personal Injury?

Injuries are an unfortunate occurrence in everyday life. We all do our best to avoid them, but accidents happen. Sometimes they’re the result of our own conduct or random factors. But if you suffer injuries as a result of someone else’s conduct, you might be able to recover your losses with a personal injury claim.

Many kinds of injuries can be involved in a personal injury case. The key question is whether the injury was caused by someone else, letting you pursue compensation.

Personal injury law lets people who have been injured by someone else’s conduct sue for compensation. To understand your legal options, contact a local personal injury lawyer for legal advice.

What You Need To Know

• When someone suffers an injury at the hands of another, that injured person may have a personal injury case.
• All personal injury claims have their own set of facts that dictate a civil case’s strengths and weaknesses.
• Tort law varies by state, so seeking an experienced, local personal injury attorney is essential.
• A personal injury attorney will evaluate your case and help you file your legal claim.

How Do I Know If I Have a Personal Injury Case?

“To have a personal injury case, someone must be hurt by the fault of someone else,” says personal injury attorney Jeffrey S. Wrage.

“We always spend the first conversation learning about what the injury is, how it occurred, and determining who might be accountable or responsible,” adds Ashley N. Hadler, a personal injury attorney at Garau Germano in Indianapolis.

For example, say you were driving properly down a one-way street when another driver, going in the wrong direction, hits you in a head-on collision. Your airbag doesn’t deploy as it should have, and you hit your head on the steering wheel, causing a minor gash. As the medical staff is stitching you up, they neglect to ask about your latex allergy. Your small gash becomes infected and leaves a permanent disfigurement.

In this scenario, the driver’s negligent act caused an unfortunate series of events, but who can you sue for damages? Personal injury law allows you to sue any liable parties in civil court. You can sue the driver for negligently causing the accident, the maker of the airbag for producing a defective product, and the staff that tended to your injuries for medical malpractice.

Did Someone Intentionally Cause Harm to Your Body or Property?

This question aims to determine whether you were the victim of what personal injury lawyers call an “intentional tort” — that is, intentional acts committed by someone to harm you. This harm can be physical injuries, such as a battery, or even property damage.

For example, if someone takes your watch for themselves without your consent, they have committed the intentional tort of theft. As the laws around intentional torts can vary between jurisdictions, it’s vital to seek the legal advice of an attorney early.

Were You in an Accident Caused by Someone’s Negligence?

There are many types of personal injury cases. In most cases, including dog bites, product liability, car accidents, and wrongful deaths, you must prove the other party’s negligence. To prove negligence, you’ll have to establish four things: Duty, breach, causation, and damages.

1. There Was a ‘Duty of Care’

The first step in proving negligence is establishing the applicable “duty of care.” This refers to the defendant’s legal responsibility to act in a certain way towards other people in the context of the underlying accident or event.

For example, “The duty is: Protect consumers at your store,” says Daniel S. Chamberlain, a personal injury attorney at Cohen & Malad in Indianapolis. “The second part would be: How do you do that? How is it that I’m supposed to protect the health, safety and wellbeing of the people at my store? That’s totally on me as the corporation or the business that invites them in.”

2. The Defendant Breached Their Duty of Care

Once the relevant duty of care is established, the next step is to show how the defendant’s actions or lack of action breached that duty.

For example, a business that doesn’t address water on the floor or ice in a parking lot according to their plan–or doesn’t address it at all — could be in breach of their duty of care.

“You’ve got a rule,” Chamberlain says. “Whose responsibility is it to follow that rule, and what are they supposed to do? The next thing is, if it wasn’t done, then obviously you’ve got a cause of action.”

3. The Defendant’s Breach Caused the Plaintiff’s Injury

The mere fact that a breach occurred does not, in and of itself, mean the defendant was negligent. The plaintiff must also prove “causation,” meaning that the breach caused some injury.

Put another way, the plaintiff needs to show that “but for” the defendant’s actions, their injuries would not have occurred.

4. The Plaintiff Must Prove They Suffered an Injury That Can Be Compensated

The final stage of proving negligence is for the plaintiff to establish what actual injuries they sustained as a result of the defendant’s breach of care.

An injury can refer to any type of loss that can be compensated with money. This can include medical bills, the costs of repairing a damaged vehicle, and compensation for non-economic losses, such as the plaintiff’s pain and suffering.

How Much Can You Recover in Compensation?

Personal injury law allows you to recover money for injuries caused by someone’s intentional or careless actions. Harm can include physical injuries, property damage, or financial losses. A personal injury lawsuit can help get lost wages, medical bills, and non-economic damages.

Whether you go to trial or take a fair settlement offer, it’s helpful to understand some of the key concepts in personal injury cases. And in all personal injury claims, it’s beneficial to speak with an experienced lawyer to help you evaluate your case.

What Are the Benefits of a Personal Injury Attorney?

The costs of you or a loved one suffering a personal injury at the hands of another can be immense. First, there is the physical pain and suffering, but few consider the emotional distress that serious injuries can cause. Not to mention the heavy burden of medical expenses and insurance claims.

This is why personal injury attorneys play such a crucial role. They listen to accident victims and help develop a legal game plan. Personal injury lawyers can tell you whether you have a case and what your claim is worth. Most importantly, they will do whatever they can to help make you whole, to cover your medical expenses and hold the responsible parties accountable.

Finding an experienced attorney can be a challenging but necessary part of the process. Whether you want to discuss the personal injury claim process, paying medical bills, dealing with the insurance company, or simply want a case evaluation, the right law firm can be essential to your success.

What Is the Statute of Limitations for Personal Injury Claims?

The statute of limitations for filing most personal injury claims depends on state law. In some states, the time limit is as little as one year. However, when the at-fault party is a governmental entity, you have to first send a tort claim notice, which is often shorter than the statute of limitations.

“It’s important for people to seek legal advice to determine their rights as soon as possible,” says Hadler, “because of the strict limits that are in place.”

Find a Personal Injury Lawyer

Visit the Super Lawyers directory to find an experienced personal injury attorney in your area.