Injuries & Accidents: Learn the Basics (2025)

The United States sees significant numbers of unintentional injuries each year. In 2021 alone, there were 25.5 million emergency room visits because of these types of wounds.

Suffering injuries in an accident can leave you facing huge medical expenses and prevent you from being able to live your life as you did before the incident. If the accident was the result of another person's negligent or wrongful conduct, you may have a way to recover losses — by filing a personal injury claim.

The process is a complex one, so having a good understanding of accident and injury law can make a difference in your experience. Learn more about accidents and injuries and what to expect from the claims process.

Legal Definition of an Injury

Legally, an injury is any harm done to a person by another’s conduct. It’s most commonly a physical injury, but you can also suffer injuries to your reputation, dignity, and legal rights. Additionally, it’s possible for a breach of contract to be considered an injury.

Whether the injury is intentional or accidental, you still have a right to hold the other party accountable for their conduct. You can do this via the personal injury claims process. Through this legal action, you can claim damages to cover the losses you sustained so that you can be “made whole.”

Examples of accidents and intentional actions that can result in a claim include:

• Traffic accidents
• Premises liability accidents
• Product liability accidents
• Construction and other workplace accidents
• Medical accidents
• Assaults, including sexual assault
• False imprisonment
• Slander
• Misrepresentation
• Fraud

If a loved one dies because of another party’s conduct, you also have a right to file a wrongful death claim, which is a personal injury claim in which the victim is no longer able to advocate for themselves.

Establishing Liability in Personal Injury Claims

To be able to hold a party responsible for the injuries they have caused you, personal injury law requires you to demonstrate that the other party’s actions were intentional or negligent. In the former, you must show they had an intent to cause you harm.

To prove that you deserve compensation for an accident injury, however, you must prove negligence took place. That requires showing that the defendant owed you a duty of care that they breached, resulting in your losses. Vitally, you have to be able to be compensated for these injuries.

For example, say you were in a T-bone accident because someone was driving while texting and didn’t see your car. Anyone operating a vehicle has a responsibility or duty of care toward others on the road to drive lawfully and safely. Since texting and driving is against the law, they breached their responsibility.

If you suffered losses for which you can be compensated, like an injury that requires medical care, you meet all requirements to hold the party liable for negligence. Keep in mind that not all cases are that straightforward. Some types of accidents involve multiple parties, and you may even be partly to blame.

Accidents and Injuries: Damages Available

After an accident that resulted in losses, you can file a claim to receive damages. Damages refer to monetary compensation that the defendant pays to the plaintiff and can include both general damages and special damages.

General damages, also called non-economic damages, compensate you for losses that don't have clear price tags. They can include pain and suffering and loss of enjoyment of life. For those who’ve lost a loved one because of the accident, it’s also possible to claim loss of companionship and support.

Special damages, on the other hand, deal with the financial losses you sustained. They cover medical expenses, including hospital stays, rehabilitative sessions, and the purchase of assistive medical devices.

These damages also cover lost wages and loss of earning potential if you won’t be able to manage your workload or you won’t be able to return to work at all.

Special damages cover funerary expenses, too, if a loved one dies in the accident. They include paying for caskets, visitations, a burial or cremation, and many other services.

Get Reliable Assistance After Suffering an Injury

If you’ve been injured in an accident, getting assistance from accident lawyers is one of the best steps you can take. You shouldn’t try to go through the claims process on your own because of the many complexities of personal injury law. The last thing you need is to run the risk of not getting the right level of help.

At ConsumerShield, we can provide guidance on what you need to know regarding these legal actions. We can also connect you with lawyers in your area who are qualified to represent you. Contact us to get the assistance you deserve.

Common Types of Claims

Learn more about topics that may be relevant to your claim.