An injury that occurred because of an act rooted in negligence may qualify as a personal injury claim. Negligence claims are based on another party violating a duty to care, which can mean they behaved recklessly or wantonly. For example, if you slipped in a store because the floor was wet and suffered harm, it may qualify as a personal injury claim because the store had a duty to ensure the environment was safe for customers.
Other examples of what may qualify as a personal injury claim include:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Bus accidents
- Child injuries
- Construction site accidents
- Premises liability
- Wrongful death
- And more
There are a variety of actions that can give rise to personal injury claims. You may want to consult with a lawyer for further information about what qualifies as a personal injury.
The circumstances of your injuries impact what types of damages you can pursue. For example, Indiana limits the amount of non-economic compensation you can receive if you are pursuing a medical malpractice claim.
Depending on your injuries, you may also be entitled to financial compensation from an insurance company. Car accidents are a common personal injury claim that may allow you to collect from an insurance company. If injuries exceed the amount covered by insurance, you may be able to collect additional damages from the at-fault driver in a personal injury lawsuit.
Proving Fault in a Personal Injury Case
Understanding what qualifies as a personal injury requires knowing that fault matters. In most personal injury cases, recovering damages means proving that the other party is primarily at-fault. Otherwise, your claim may be dismissed.
If you can prove that the liable party was responsible for your injuries, you may be able to recover both economic and non-economic damages, although compensation is capped in certain situations.
Evidence that can support your claim can include:
- Eyewitness statements
- Photos and videos from the accident
- Police records about the incident
- Medical records documenting your injuries
- Testimony from accident reconstruction and medical experts
- And more
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Certain claims may entitle you to sue multiple parties. If the injury occurred because of defective equipment, the manufacturer may be a liable party.
Car accidents may allow you to file claims with your insurance company, the other driver’s policy, and the other driver.
When you sustain an injury that qualifies as a personal injury claim, you may be entitled to actual and non-actual damages. Economic damages may be proven in court with items like invoices and receipts. Typically, economic damages are not capped.
Common economic damages may include:
- Unreimbursed medical expenses
- Property repair and replacement costs
- Lost wages
- Rehabilitation costs
- And more
Non-economic damages involve harms that consider future suffering you experience as a result of your injury and can include:
- Pain and suffering
- Mental anguish
- Loss of affection and companionship
- And more
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Limitations on Damages
Non-economic damages may be capped in certain situations, such as:
- Up to $1,800,000 in medical malpractice cases, per IC 34-18-14-3
- $700,000 in cases involving state actors, per IC 34-13-3-4
Medical malpractice caps may also be based on when your injury occurred. The limitations may also vary depending on other factors, such as the age of the victim and the type of personal injury claim that is filed.
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Contact the Sevenish Law Firm, P.C. Today
If you were hurt in an accident, you may be wondering what qualifies as a personal injury.
The Sevenish Law Firm, P.C. invites you to call our firm today for a free consultation on your case (317) 720-3229. We represent clients in a variety of personal injury cases. A representative of our firm can discuss your injuries and what legal options you may have to recover compensation in a personal injury lawsuit.
If you hire the Sevenish Law Firm, P.C. to represent you, a lawyer from our firm can:
- Identify the liable parties
- Gather evidence of their liability
- Gather evidence of your damages
- Negotiate with the insurance companies for a settlement offer on your behalf
- Take your case to trial if the responsible party’s insurance company does not make you a fair settlement offer
The Sevenish Law Firm, P.C. is dedicated to personal injury cases, unlike discount law firms that are jacks of all trades but masters of none. We may be able to represent your personal injury case on a contingency-fee-basis with no up-front costs.
Call or text 317-636-7777 or complete a Free Case Evaluation form