Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
When someone else's negligence causes you injury, you have the right to compensation for your medical bills, lost wages, pain and suffering, and other damages. Understanding how personal injury claims work can help you maximize your recovery. The U.S. Courts provide resources explaining how civil cases, including personal injury lawsuits, proceed through the federal court system.
Statute of Limitations: You have limited time to file a personal injury lawsuit - typically 2-3 years depending on your state. Don't wait too long to act.
Types of Personal Injury Cases
Common Scenarios
- Car, motorcycle, and truck accidents
- Slip and fall accidents
- Dog bites and animal attacks
- Medical malpractice
- Product liability
- Workplace injuries
- Assault and battery
- Premises liability
Who May Be Liable
- Individual wrongdoers
- Property owners
- Employers (for employee actions)
- Product manufacturers
- Government entities
- Insurance companies
Elements of a Personal Injury Claim
What You Must Prove
- Duty: Defendant owed you a duty of care
- Breach: Defendant failed to meet that duty
- Causation: The breach caused your injury
- Damages: You suffered actual harm
Common Defenses
- Comparative negligence (you share fault)
- Assumption of risk
- Statute of limitations expired
- No actual injury occurred
Comparative Negligence: In most states, your compensation is reduced by your percentage of fault. In some states, you recover nothing if you're more than 50% at fault.
Documenting Your Injury
Immediately After Injury
- Seek medical attention right away
- Report the incident (accident report, incident report)
- Photograph the scene and your injuries
- Get witness contact information
- Preserve evidence (damaged items, clothing)
- Don't give recorded statements to insurance
Ongoing Documentation
- Keep all medical records
- Photograph injuries as they progress
- Document work absences
- Keep a pain and symptom journal
- Save all receipts for expenses
- Track how injuries affect daily life
Types of Damages
Economic Damages
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
- Home modification costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
- Mental anguish
Punitive Damages
- For grossly negligent or intentional conduct
- Meant to punish, not compensate
- Not available in all cases
- Some states cap punitive damages
Calculating Your Claim Value
Economic Damages
Add up actual costs:
- All medical bills (past and estimated future)
- Lost wages with pay documentation
- Property damage estimates
- Other out-of-pocket costs
Pain and Suffering
Common calculation methods:
- Multiplier method: Medical bills × 1.5 to 5
- Per diem method: Daily rate × days affected
- Severity of injury affects multiplier
- Permanent injuries warrant higher value
The Claims Process
Step 1: Medical Treatment
- Complete all recommended treatment
- Don't have gaps in treatment
- Follow doctor's orders
- Reach "maximum medical improvement"
Step 2: Gather Documentation
- Medical records and bills
- Wage loss documentation
- Photos of injuries
- Witness statements
- Accident reports
Step 3: Calculate Damages
- Total all economic losses
- Assess pain and suffering
- Consider future damages
- Account for comparative fault
Step 4: Send Demand Letter
Include:
- Description of incident
- Why other party is liable
- Itemized damages
- Supporting documentation
- Specific settlement demand
Step 5: Negotiate
- Insurance will likely counter-offer
- Be prepared to justify your demand
- Don't accept first offer for serious injuries
- Know your BATNA (best alternative)
Dealing with Insurance Adjusters
What to Know
- Adjusters work for the insurance company
- Their goal is to minimize payout
- Recorded statements can hurt you
- Quick offers are usually lowball
Protecting Yourself
- Don't give recorded statement without advice
- Don't sign medical release for all records
- Don't accept first offer
- Don't settle before knowing full extent of injuries
When to Hire an Attorney
Consider a Lawyer For
- Serious or permanent injuries
- Disputed liability
- Multiple parties involved
- Insurance company acting in bad faith
- Government entity involved
- Complex legal issues
Contingency Fees
- Most PI attorneys work on contingency
- No fee unless you win
- Typically 33-40% of recovery
- Free consultations usually available
Statute of Limitations
File before the deadline or lose your right to sue:
- 2 years: CA, TX, PA, OH
- 3 years: NY, NJ, MA, CO
- 4 years: FL
- Government claims: Much shorter (often 6 months to 1 year)
Start Your Injury Claim
Generate a demand letter to pursue compensation for your injuries.
Create Your Letter