What Is a Personal Injury Claim?
A personal injury claim is a legal request for compensation when you've been harmed by another party's negligence or wrongful actions. Understanding this process helps you protect your rights and pursue fair recovery.
How Personal Injury Claims Work
Step 1: Injury Occurs
- Accident caused by someone's negligence
- You suffer physical harm or property damage
- Evidence of the incident exists
Step 2: Seek Medical Treatment
- Get immediate medical attention
- Follow all treatment recommendations
- Document all injuries and care
Step 3: File Insurance Claim
- Notify relevant insurance companies
- Begin the claims process
- Consider legal representation
Step 4: Investigation & Negotiation
- Gather evidence supporting your claim
- Calculate total damages
- Negotiate with insurance adjusters
Step 5: Settlement or Lawsuit
- Accept fair settlement offer, or
- File lawsuit if negotiations fail
Types of Damages in Personal Injury Claims
Economic Damages (Calculable)
- Medical expenses (past and future)
- Lost wages and earning capacity
- Property damage
- Out-of-pocket costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Elements Required to Prove Your Claim
- Duty: Defendant owed you a duty of care
- Breach: They failed to meet that duty
- Causation: Their breach caused your injury
- Damages: You suffered actual harm or losses
Time Limits for Filing (Statute of Limitations)
- Most states: 2-3 years from injury date
- California: 2 years for most claims
- Exceptions: Minors, medical malpractice, government claims
Warning: Missing the deadline typically bars your claim forever.