How Do I Know If I Have a Personal Injury Claim?

Physical injuries have devastating consequences, including pain, suffering, and hefty medical bills. Personal injury law allows injured victims to pursue compensation after an accident caused by someone else’s fault.

Even so, just because you’re injured doesn’t mean you’re automatically entitled to a personal injury claim. Understanding the minimum requirements of a personal injury claim can help you prepare for the next steps.

You can file a personal injury claim by proving the at-fault party’s actions were negligent.

Consider filing a personal injury claim if the following elements of negligence are present:

The Defendant Owed You a Duty

Individuals and entities are legally obligated to exercise caution and prudence when engaging in activities that may hurt others. Therefore, the defendant should exercise reasonable care.

The defendant must also demonstrate the same level of care an average person would exercise under similar circumstances. For instance, a doctor should be reasonably careful to avoid hurting the patient in an operating room.              

The Defendant Breached the Duty of Care

A negligence claim arises when the defendant breaches the duty of care they owe to the plaintiff. Breach of duty means failing to live up to the threshold or behavior that falls within the expected standards.

Suppose a driver runs the red lights, causing a side-impact collision with another vehicle with the right of way. In that case, the driver has breached the duty of care, making them responsible for a personal injury claim.

The Defendant’s Breach of Duty is the Direct Cause of the Injury

If a person fails to act reasonably and doesn’t cause harm, then their actions cannot trigger a successful personal injury claim. The direct action or inaction should be the direct cause of damage to the plaintiff for the defendant to be liable in a personal injury claim.

Suppose a doctor misdiagnosed a patient with acid reflux when a similarly trained physician would have detected a heart disease contributing to the patient’s death. In that case, the doctor’s failure is the direct cause of the patient’s wrongful death.

However, if the patient dies of a lung disease with an autopsy report revealing the misdiagnosis of the heart disease, the surviving family members may not pursue a negligence claim against the doctor because their actions didn’t lead to the death.

The Defendant Should Have Foreseen That Harm Would Occur

The defendant can only be liable for a personal injury claim if the plaintiff’s damage was foreseeable. The defendant should or could have foreseen that a specific action could lead to a particular type of harm.

However, you cannot hold the defendant liable for the damages if the harm is not foreseeable. 

The Defendant Suffered Harm for Which Compensation Is Available

The plaintiff must have suffered harm due to the defendant’s action and be entitled to compensation. The damages are available for various losses, including physical injuries, financial losses, and the psychological impact of the injury.

If a careless driver cuts you off while speeding, but there’s no accident, you may not file a personal injury claim because you did not suffer any compensable loss.

Am I Entitled to Compensation for Medical Bills?

If the actions of an individual lead to physical injuries necessitating medical care, you’ll incur a financial loss. The treatment plan for most injuries is expensive, so the defendant should be liable for medical expenses.

Here’s a list of medical expenses you can recover in a personal injury claim:

• Ambulance charges
• Surgical expenses
• Medication
• Physicians Bills
• Physical therapy costs
• Diagnostic tests
• Hospitalization
• Emergency room charges

When you resolve a personal injury claim, the settlement or judgment will include the medical bills you’ve incurred until the case is resolved. It will also include future medical expenses you’ll incur over time due to accident-related injuries.

A medical expert’s input is necessary to assess ongoing medical care and establish the value of future medical expenses. In most instances, medical expenses comprise a significant share of a personal injury settlement award.