Personal Injury Basics

What counts as a personal injury case?

Personal injury (sometimes called "tort" law) covers situations where someone is hurt because another person or business did something careless — or failed to do something they reasonably should have. Common examples include car crashes, slip-and-falls, dog bites, defective products, and some medical mistakes.

To win a claim, the injured person generally has to show four things: the other side owed them a duty of care, they broke that duty, that breach actually caused the injury, and there are real damages (medical bills, lost wages, pain, etc.).

What to do right after an accident

1. Get medical attention. Your health comes first, and a medical record also documents your injuries.
2. Report it — call the police for a car crash, tell a store manager after a fall, notify your employer for a work injury.
3. Take photos of the scene, your injuries, and anything that caused the incident.
4. Get names and contact information for witnesses.
5. Write down what happened while it's fresh, including the date, time, and conditions.
6. Be careful what you say to insurance adjusters and avoid posting about the incident on social media.

How the claims process usually works

Most personal injury cases are resolved through insurance, not a courtroom. You (or your lawyer) send a demand to the at-fault party's insurance company describing what happened, your injuries, and the amount you're seeking. The insurer investigates, often disputes parts of the claim, and negotiates.

If a fair settlement isn't offered, a lawsuit can be filed. Even then, the majority of cases settle before trial. Trials happen, but they're the exception.

What "damages" can include

• Medical bills — past and reasonably expected future care
• Lost income and reduced ability to work
• Property damage (your car, phone, glasses)
• Pain, suffering, and emotional distress
• In rare cases involving egregious conduct, punitive damages

Deadlines matter (the statute of limitations)

Every state sets a strict deadline for filing an injury lawsuit — often between one and six years, depending on the type of claim and the state. Miss it and your case is usually gone forever, no matter how strong it was. If you think you may have a claim, find out your deadline early.

When to talk to a personal injury lawyer

• You were seriously injured or expect ongoing medical treatment
• Fault is disputed or more than one party may be responsible
• The insurance company is denying, delaying, or lowballing your claim
• A government entity or your employer is involved
• You've been asked to sign a release or give a recorded statement

Most personal injury attorneys offer free consultations and work on a contingency fee — you pay nothing up front, and their fee is a percentage of any recovery. See our guide on understanding legal fees for how that works.