Personal Injury Claim 101

A personal injury claim is a claim made by an injured individual, called the plaintiff, against the person who injured him. The person who did the injuring is called the defendant, and he doesn't have to be a "person" at all... the government or a corporation or any other entity can also be a defendant and be sued if it causes harm. Personal injury claims can be made in a whole bunch of different situations- medical malpractice, dog bites, slip and fall accidents, or even a dangerous drug can all be an appropriate cause for a personal injury claim or lawsuit.

Understanding a Personal Injury Claim

Personal injury claims are based on the premises that the defendant did something wrong, that the wrong harmed the plaintiff, and that the defendant should pay for that harm. To prove a personal injury claim, a plaintiff needs to prove that:

The defendant breached a legal duty
That the breach of legal duty was the direct or proximate cause of the injuries the plaintiff suffered
That the plaintiff actually did suffer some injuries that he should be compensated for

If a plaintiff can prove these three things, then he can get damages for:

Medical bills
Lost wages
Pain and suffering
Emotional distress
Punitive damages
Wrongful death
Loss of consortium or loss of companionship

As well as certain other additional damages, depending on the situation and the nature of the claim.

Understanding Legal Duty

Different legal duties apply in different cases. For example:

A defendant who hurts you on purpose or intentionally can be liable for an intentional tort and you can make a personal injury claim against him by proving intent.
A doctor who hurts you negligently can be liable for medical malpractice. You can make a claim against him by proving that a reasonable doctor would have been more careful
A person whose dog bites you can be liable- but the rules differ among the different states. In some cases, "strict liability" applies, which means the owner didn't even have to know her dog was likely to bite to be liable. In other states, you can only recover damages if the owner knew or should have known her dog was aggressive and prone to biting
A corporation who makes a bad product can be liable. Strict liability may also apply here- so you don't have to prove the company was negligent when making that bad product. You just have to show you used the product in the manner the company intended and got hurt while doing so

There are a whole host of other situations that can lead to a personal injury claim too, and different standards and rules can apply for what you have to prove for each of those cases.

Getting Help

The field of personal injury is very complex. In fact, every first year law student has to take a whole semester on the subject in a class called "torts." If you have been the victim of a personal injury, you should consult with an experienced personal injury attorney. You can get the benefits of his education and experience and he can explain to you what the laws are in your state and help you recover your damages for injuries by making a successful personal injury claim for you.

Have an Accident Claim?