When someone else’s careless or intentional action causes you harm, it’s not enough to show that the person should be held legally liable in connection with the underlying incident. If you’re going to make a successful personal injury claim, you also need to show exactly how the other party’s wrongful conduct affected you -- the nature and extent of your injuries and other compensable losses. In legalese, that means you need to establish your “damages.”
When you’re injured through someone else’s careless or intentional action, you almost certainly have a right to bring a claim against the at-fault party, but the clock is ticking. Most insurance claims need to be made soon after any incident that triggers coverage, and if you’re taking the matter to court, every state has laws on the books that place a strict time limit on your legal right to file a personal injury lawsuit.
You’ve been injured in an accident, and you’re pretty sure that someone else -- whether that’s a person or a business -- is to blame. Does that mean it’s time to send a demand letter or hire an attorney? Not necessarily. Instead, it may make sense to take a step back and ask yourself a few questions. In this section, we’ll discuss the key factors to consider when you’re deciding whether it’s a good idea to file a personal injury claim.
Learn more about the basics of a personal injury claim, and common types of personal injury claims. We’ll bring you up to speed on the basics of personal injury claims: what they are, who can file them, how the process works, how long it might take, and more.
This question is on the minds of most (if not all) personal injury claimants. Unfortunately, while it’s one of the most common questions we get, it’s also one of the most difficult to answer. Figuring out what a personal injury claim is worth means gathering all pertinent records, figuring out the insurance coverage picture, investigating fault, and getting a feel for each side’s willingness to settle (or the likelihood that they’ll dig in their heels and fight). In this section, we’ll dive into the factors that are most determinative in valuing any personal injury claim.
After some kinds of accidents, while it’s clear that you’ve been injured, it’s not so obvious who is legally at fault for what happened. And even when you’re pretty sure who’s to blame, establishing legal liability (proving who’s at fault) can still be a big hurdle to clear in any personal injury claim. In this section, we’ll explain the basics of fault after an accident or injury, including how it’s established.
There are two ways to answer this common question, depending on whether you're talking about an injury-related insurance claim, or a personal injury lawsuit. ... Read more
Missing the lawsuit filing deadline set by the statute of limitations usually spells doom for a personal injury lawsuit, except in rare situations where the filing window can be extended. ... Read more
Failure to comply with the statute of limitations can be fatal to your personal injury lawsuit, so it's crucial to understand this state law as it applies to your case. ... Read more
When your accident and resulting injuries affect your ability to enjoy life, that's a special category of damages in your personal injury case. ... Read more
It's one of the first questions on the minds of injured claimants, so let's take a look at how lawyers (and insurance companies) figure out the value of a personal injury case. ... Read more
It isn't easy to think clearly in the minutes and hours after an accident or injury. Here's a checklist to help you protect yourself and your legal rights. ... Read more
An in-depth look into the two main categories of monetary compensation ("damages") available to the claimant in a personal injury settlement. ... Read more
While you might expect a substantial settlement in your personal case, you are typically responsible for your medical bills in the meantime. ... Read more
When a minor is injured, there are usually special procedural issues to consider when making a personal injury claim (especially if the matter is taken to court). ... Read more