Accidents happen fast—and when they do, it’s easy to feel unsure about what comes next. You may be asking yourself: Do I actually have a case? Understanding the basics of personal injury law can help you decide what steps to take.
What Is a Personal Injury Claim?
A personal injury claim arises when someone is hurt because of another person’s negligence or wrongful act.
Common examples include:
- Car and truck accidents
- Slip-and-fall injuries
- Medical negligence
- Dog bites
- Defective or dangerous products
The goal of a personal injury case is to hold the responsible party accountable and recover financial compensation for your losses.
The Four Elements You Must Prove
Every successful claim includes four key parts:
- Duty of Care – The other party had a legal responsibility to act safely.
- Breach of Duty – They failed to meet that standard of care.
- Causation – Their actions (or inaction) directly caused your injuries.
- Damages – You suffered measurable harm such as medical bills, pain, or lost wages.
If one of these is missing, your claim may be difficult to pursue.
Shared Fault and Comparative Negligence
Even if you were partially responsible for the accident, you may still recover compensation under comparative fault rules. In many states, your recovery is reduced by your percentage of fault—for example, being 20% at fault means you could still receive 80% of your total damages.
Understanding how your state handles shared responsibility can make a big difference in your outcome.
Don’t Miss the Filing Deadline
Every state limits how long you have to file a personal injury claim—this is called the statute of limitations. Missing that deadline usually means losing your right to recover, no matter how strong your case may be. An attorney can make sure your claim is filed on time.
Steps to Strengthen Your Case
- Get medical treatment and follow your doctor’s advice.
- Keep all records, receipts, and communication.
- Gather evidence—photos, witness names, police or incident reports.
- Avoid giving recorded statements to insurance companies before talking to a lawyer.
Talk to an Experienced Personal Injury Attorney
Not every injury leads to a lawsuit—but if someone else’s negligence caused you harm, you deserve to understand your rights. A skilled personal injury attorney can review your situation, explain your options, and help you pursue fair compensation.
Injured and unsure what to do next?
Call Persinger Law Firm for a free, no-obligation consultation. We’ll help you understand your rights and your best next steps.