Defining Personal Injury Claims: Who Can File and What You Can Recover

Chances are, you’ve come across lawyers on television or the radio talking about personal injury lawsuits. But what exactly is a personal injury claim, who is qualified to file one, and what can they recover?

Keep reading to learn how these lawsuits work and what types of injuries may qualify for a lawsuit.

What Is a Personal Injury Claim?

A personal injury claim is a lawsuit a person files because they’ve been injured as a result of the negligence of another person or a company. These injuries are often physical—such as a back or neck injury suffered in a car crash—but may also refer to psychological, emotional, and financial harm.

The person filing the lawsuit (or plaintiff) often seeks compensation for injuries caused by the defendant’s negligence.

What Qualifies as a Personal Injury Claim?

A personal injury claim can take many forms. One of the most common types of personal injury lawsuits is one filed after a car or truck crash, in which someone who was hurt files a claim against the party responsible for the accident. Here are some other examples of these claims:

• Slip & Fall
• Medical malpractice
• Defective products
• Insurance disputes
• Breach of warranty
• Data breach
• Construction accident
• Mesothelioma
• Wrongful death

There are many other types of these claims, but the thing they have in common is that someone was harmed because of another person’s actions—or, in some cases, their failure to act.

What Does a Personal Injury Claim Cover?

When you file a personal injury claim, you’re usually seeking to recover compensation to cover the past and future costs associated with your injury. These are known as damages, and they often include some combination of the following:

• Medical bills
• Lost wages (and/or denied benefits)
• Loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of life’s enjoyment
• Punitive damages (to discourage future negligence)
• Funeral expenses (in cases of wrongful death)

How Do I File a Personal Injury Claim?

If you or a loved one have been injured because of someone else’s negligence, you may be entitled to compensation. To find out if you qualify for a personal injury claim, contact a personal injury attorney who can evaluate your case.

Why We’re Different

At Morgan & Morgan, we’ve helped hundreds of thousands of clients recover billions of dollars in settlements and jury awards. For over 35 years, we’ve been fighting for the People, not the powerful, leveling the playing field for Americans who’ve been harmed through no fault of their own.

It costs nothing up front to hire us, and we get paid only if you win. To see if you have a case, contact us today for a free, no-obligation consultation.