Overview
A personal injury claim is a legal demand for compensation from the person or business whose carelessness caused you physical harm. It's the mechanism behind car accident cases, slip and falls, dog bites, truck crashes, and most other injury situations. To succeed, you generally have to show the other party owed you a duty of care, breached it, and caused injuries that resulted in real losses like medical bills, lost income, and pain. Most claims are resolved with an insurance company without ever going to court.
Frequently Asked Questions
What is a personal injury claim?
A personal injury claim is a request for money damages from someone whose negligence injured you, usually made to their insurance company. It covers the cost of your medical care, the income you lost, and the pain and disruption the injury caused. The claim is based on civil law, not criminal law, so the goal is compensation for you rather than punishment of the other party.
What does personal injury law cover?
Personal injury law is the area of civil law that lets people recover compensation when someone else's negligence or wrongful act harms them. It covers car, truck, and motorcycle accidents; pedestrian and bicycle injuries; slip and falls and other premises liability; dog bites; medical malpractice; defective products; and wrongful death. Each type has its own rules, but they all rest on the same core idea of negligence.
What do I have to prove in a personal injury claim?
Four elements: duty, breach, causation, and damages. The other party owed you a duty of care (every driver has a duty to drive safely), they breached it (ran a red light), the breach caused your injury, and the injury produced measurable losses. Evidence like a police report, medical records, photos, and witness statements is what proves each element to an adjuster or a jury.
What's the difference between a personal injury claim and a lawsuit?
A claim is the request for compensation submitted to an insurance company and negotiated toward a settlement. A lawsuit is the formal court case filed when the insurer won't pay fairly or a deadline is approaching. The vast majority of personal injury claims settle without a lawsuit, and many of those that are filed still settle before trial.
How do I know if I have a personal injury claim?
If someone else's carelessness hurt you and you have medical bills, missed work, or lasting pain as a result, you likely have a claim worth evaluating. Strength depends on how clearly fault can be shown and how well your injuries are documented. A free case review from Injury Case Pro connects you with an attorney who can tell you whether your situation qualifies, with no cost or obligation.
Have Questions About Your Injury Case?
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
