Personal Injury: Your Guide to Legal Claims (February 2025)

Sarah Edwards

Contributor

Reviewed By Adam Ramirez, J.D.

Editor

December 18, 2024 Read in 1 min

What is a personal injury case? Quick Answer

If a person suffers harm because of someone else’s negligence or deliberate actions, they can file a personal injury lawsuit. If they win the lawsuit, they’ll typically receive compensation.

Summary

Personal injury law helps victims of negligence or intentional actions
Plaintiffs in personal injury cases can be compensated for losses
Common personal injury cases include car accidents and medical malpractice

Personal injury law is a critical mechanism for those who have suffered injuries due to others' actions or inactions. It offers a pathway to restitution and healing.

Encompassing a wide range of scenarios, from car accidents to defective products and intentional wrongdoings, personal injury law helps establish liability for causing harm to others.

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Defining an Injury

In a legal context, injuries are specific harms suffered by one person due to the actions or omissions of another. Injuries may include:

Trauma to the physical body
Harm to mental health
Damage to one’s reputation
Damage to property

Here are a few examples of what injuries may look like in personal injury cases:

Physical Injuries

Most personal injury cases involve broken bones, traumatic brain injuries (TBI), spinal cord injuries, and other types of serious physical injury.

Mental Injuries

If an injured person suffers from intense emotional distress due to disability or disfigurement after an accident, the distress in itself can be considered an injury.

Reputational Injuries

Advertising injury claims often involve injury to reputation. For example, if a competitor launches an ad campaign that makes false statements about your business, you might be entitled to file a lawsuit against them.

Damage to Property

Many personal injury cases also involve claims of property damage. For example, if you’re suing a negligent driver for injuring you in a car accident, you might seek compensation for your damaged car as part of the award.

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The Concept of Damages

Damages are the financial awards granted to plaintiffs in personal injury cases, intended to compensate for their losses. These are predominantly categorized as "compensatory damages," aimed at covering the injury's impact on the plaintiff, and "punitive damages," which are applied in cases of particularly egregious conduct by the defendant, indicating malice.

It's important to note that certain jurisdictions impose caps on the amount of damages recoverable, especially concerning medical malpractice suits, reflecting the nuanced balance personal injury law seeks to achieve between redress for the injured and preventing excessive litigation.

The Role of Personal Injury Attorneys

Engaging a personal injury attorney typically commences with a free consultation, during which the attorney evaluates the details of your case. Following this, they might draft a demand letter seeking compensation from the responsible party and commence compiling supportive evidence like the following:

Police reports
Medical documentation
Security footage
Witness statements

Personal injury lawyers are adept at negotiation, often settling cases out of court to bypass the expenses and unpredictability of a trial. Nonetheless, if settlement discussions falter, your lawyer is prepared to represent your interests vigorously in court.

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Common Personal Injury Cases

Personal injury attorneys deal with a broad spectrum of cases stemming from others' negligence, including but not limited to:

Vehicle-Related Accidents

Many personal injury cases involve auto accidents. Whether you're involved in a collision as a driver, motorcycle rider, or truck accident victim, a personal injury lawyer can assist in holding negligent parties accountable.

Accidents Involving Pedestrians and Cyclists

Legal expertise is often sought after pedestrian or bicycle accidents to navigate the pursuit of compensation.

Premises-Related Incidents

Slip and fall events, along with other premises liability situations, merit legal scrutiny when property owner negligence is a factor.

Animal Attacks

Victims of dog bites may pursue claims depending on local laws, emphasizing the owner's duty to prevent harm.

Medical Malpractice

Individuals harmed by medical negligence benefit from the guidance of attorneys familiar with the intricacies of medical malpractice laws.

Construction Site Accidents

Certain construction-related injuries might warrant compensation beyond workers' compensation, an area where personal injury lawyers can offer insight.

Product Liability Cases

Manufacturers and vendors have a legal obligation to ensure that the products they sell are safe and work as intended. When defective products cause harm, product liability lawsuits can hold the right people accountable.

Get Dependable Legal Help for Your Injuries

If you’ve been hurt because of another person’s actions, you might be able to recover compensation to help you deal with the mental and physical fallout. However, your choice of lawyer will play a role in determining the outcome of your case.

At ConsumerShield, our mission is to help consumers like you find the qualified legal professionals they need. Fill out our contact form to receive a free case review.

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