31 January, 2024
A personal injury occurs when a person suffers physical, emotional, or financial harm because of another party’s negligence, recklessness, intentional wrongdoing, or legally responsible conduct. Personal injury law allows victims to pursue compensation when someone else’s actions or failure to act causes harm. Many people wonder what is considered personal injury because the term can apply to many different situations. A personal injury may involve a car accident, slip and fall, workplace accident, defective product, dog bite, medical malpractice, or another incident that causes harm. In many cases, the injured person may be able to file an insurance claim or lawsuit against the at-fault party.
For example, if another driver causes the crash and you suffer injuries, you may be able to pursue compensation for medical expenses, lost wages, pain and suffering, and other accident-related losses. The value of the claim depends on the facts of the case, the severity of the injuries, available insurance coverage, and the evidence showing fault. An experienced personal injury attorney can help review your situation, explain your legal options, and pursue compensation from the responsible party.
Personal injury generally refers to harm suffered by another person rather than damage to property. This harm may be physical, emotional, or both. A personal injury claim often begins when one person or entity owed a duty of care, breached that duty, and caused injury or damages as a result.
Common examples of personal injury cases include:
Not every injury automatically creates a valid personal injury claim. To recover compensation, the injured person typically needs to show that another party was legally responsible for causing the harm. Evidence such as accident reports, medical records, photos, witness statements, and insurance communications may help support the claim.
Personal injury law can cover several types of harm that may occur after an accident. These harms can affect a person physically, emotionally, financially, and personally. Some of the most common categories include actual bodily harm, emotional distress, and pain and suffering.
Examples of bodily injuries may include:
If you suffered bodily harm because of another party’s negligence, you may be able to pursue compensation for medical expenses and related losses. Medical records may help document the type of injury, when symptoms began, what treatment was recommended, and how the injury affected your daily life.
Compensation for bodily harm may include emergency care, hospital bills, follow-up appointments, physical therapy, medication, surgery, future medical care, and other treatment-related costs. An attorney can investigate the incident, gather evidence, and help determine which damages may apply.
Emotional distress is a form of mental suffering that may occur after a traumatic accident or injury. A serious crash, fall, attack, or other harmful event can affect a person’s emotional wellbeing long after the physical injuries begin to heal.
Symptoms of emotional distress may include:
Emotional distress damages are intended to address the psychological impact of an accident. These damages may be more difficult to prove than medical bills because they are not always visible. However, therapy records, medical notes, personal journals, witness statements, and documentation of lifestyle changes may help support part of a claim. If emotional distress affects your ability to work, sleep, maintain relationships, or participate in normal activities, that impact may be relevant when valuing a personal injury claim.
Pain and suffering refers to the physical pain and mental discomfort caused by an accident-related injury. These damages may include temporary pain, chronic pain, reduced mobility, emotional strain, and the loss of enjoyment of everyday activities.
Examples of pain and suffering may include:
Someone pursuing pain and suffering damages may benefit from documenting how the injury changed their daily life. This may include activities they previously enjoyed but can no longer do, household tasks they need help completing, missed family events, or changes in work performance.
Because pain and suffering damages are not based on a simple bill or receipt, insurance companies may try to minimize them. Consistent medical records, symptom notes, photos, and witness statements may help show the full impact of the injury.
If another party caused your injuries, you may be able to pursue compensation for both economic and noneconomic damages. Economic damages are financial losses that can often be documented with bills, receipts, or income records. Noneconomic damages involve personal losses, such as pain, suffering, and emotional impact.
Compensation in a personal injury claim may include:
The value of a personal injury claim depends on the severity of the injury, the evidence available, the cost of treatment, insurance coverage, and how the injury affects the victim’s future. An attorney can help calculate damages and negotiate with the insurance company.
Documentation can be one of the most important parts of a personal injury claim. Insurance companies may question how the accident happened, whether the injuries were caused by the incident, or how serious the damages are.
Helpful documentation may include:
The stronger the documentation, the easier it may be to show the the injury happened and how it affected your life.
If you or a loved one suffered an injury because of someone else’s negligence, personal injury law may allow you to pursue compensation. A personal injury attorney can communicate with insurance companies, gather evidence, negotiate on your behalf, and help protect your rights throughout the claims process.
The Barnes Firm has decades of experience representing injury victims and helping clients pursue compensation after serious accidents. Our attorneys can review your case, explain your legal options, and help determine what compensation may be available.
Contact The Barnes Firm online or call (800) 800-0000 for a free case evaluation.
Written by The Barnes Firm, reviewed by Richard Barnes
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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