Personal injury claims can be confusing, and knowing what situation qualifies for a lawsuit can help you in your quest to get the compensation you deserve. If you’re wondering whether you have a personal injury case and what steps to take next, you’re not alone.
In this article, we’ll explain what is considered personal injury and all the things you need to know to make an informed decision, including how an experienced New Orleans personal injury lawyer can help you pursue the compensation you deserve.
What Counts as a Personal Injury?
A personal injury occurs when someone suffers physical, emotional, or financial harm due to another person’s actions, carelessness, or intentional misconduct. To pursue a claim, the injured party must prove that the responsible party was legally responsible for actual harm. There are many different types of personal injury cases, including:
- Motor Vehicle Accidents– These accidents include car, truck, motorcycle, and pedestrian accidents caused by reckless or negligent driving.
- Slip and Fall Accidents– Slip and fall accidents include injuries resulting from hazardous conditions on someone else’s property or in a public place.
- Medical Malpractice– Medical malpractice harm caused by the carelessness of a healthcare provider, including surgical errors, nursing home neglect, misdiagnosis, or medication mistakes.
- Workplace Accidents– Workplace injuries include accidents that occur on the job due to unsafe conditions, lack of training, or employer negligence.
- Wrongful Death– Wrongful death covers cases where negligence or misconduct results in fatal injuries.
If you’ve suffered harm in a type of accident listed above, you have a right to seek compensation for your losses.
Do You Have a Personal Injury Case?
Not every accident automatically qualifies as a strong personal injury case. To successfully seek compensation, you must prove that another party’s carelessness or actions directly caused your harm. This is done by establishing liability, which consists of four important elements:
- Duty of Care– The at-fault party must have had a legal obligation to act responsibly and avoid causing harm. For example, drivers must abide by traffic laws to keep others safe.
- Breach of Duty– The responsible party must have failed to uphold their duty of care through carelessness or reckless actions. This could include medical negligence, distracted driving, or failing to maintain safe premises.
- Causation– The breach of duty must have directly caused your injury. If the connection between their actions and your harm is unclear, liability may be harder to prove.
- Actual Harm (Damages)– A personal injury case requires proof that you suffered real harm. These harms include physical injuries, financial losses, emotional distress, or other measurable damages. Without actual harm, there is no legal basis for receiving compensation.
If all four elements are met, you likely have a strong personal injury case and could be awarded a settlement to cover medical expenses, lost wages, pain and suffering, and more.
Personal Injury vs. Bodily Injury
Many people use the terms personal injury and bodily injury interchangeably, but they have different legal meanings. While all bodily injuries fall under the umbrella of personal injury, not all personal injuries involve physical harm.
Bodily injury refers specifically to physical harm, such as burns, broken bones, or traumatic brain injuries. This term is often used in insurance policies to determine medical expenses and liability coverage.
Personal injury is a broader legal concept that covers any harm caused by another party’s negligence or actions. While it includes physical injuries, it also extends to non-physical damages like reputational harm (defamation), emotional distress, or property damage—for example, if a reckless driver damages your vehicle without causing you physical harm.
Understanding the difference between bodily and personal injury is important when pursuing compensation.
Types of Harm Covered by Personal Injury
If you suffer a personal injury, the harm you experience can go beyond just physical wounds. Personal injury law recognizes two main categories of harm when determining compensation: economic damages and non-economic damages. Both economic and non-economic damages play an important role in personal injury cases. They ensure that the injured person is fully compensated for the harm they’ve suffered.
Economic Damages (Tangible Losses)
These are financial losses that can be calculated and documented, such as:
- Medical Bills– These include hospital bills, surgeries, physical therapy, and medications
- Lost Wages– This is income lost due to missed work or inability to return to work
- Property Damage–This involves repair or replacement of damaged belongings (such as vehicle damage after a car accident)
- Future Medical Costs– This involves long-term rehabilitation, assistive devices, and ongoing treatments
- Loss of Earning Capacity– You may receive this compensation if your injury affects your ability to work in the future
Non-Economic Damages (Intangible Losses)
These damages compensate for subjective harm that doesn’t come with a price tag. Some of these types of harm include:
- Pain and Suffering– This includes physical pain and emotional distress caused by your injury
- Emotional Distress– This includes anxiety, PTSD, depression, trauma, or mental anguish suffered from your accident
- Loss of Enjoyment of Life– This covers the inability to participate in hobbies, sports, or daily activities
- Loss of Consortium– These damages involve harm to a relationship with a spouse or family member
Do I Need to File a Personal Injury Lawsuit?
When you’re injured due to someone else’s negligence or actions, you might wonder if it’s necessary to file a personal injury lawsuit. In some cases, you may be able to get the compensation you need without taking legal action, but there are certain instances where filing a lawsuit is the right course of action.
- Unfair Insurance Offers– If the insurance company denies your claim or offers a settlement that isn’t enough to cover your damages, filing a lawsuit can help you pursue the full compensation you’re entitled to.
- Denied Liability– If the other party involved in the accident denies liability or argues against the details of the incident, a lawsuit may be the only way to resolve the issue.
- You Suffered an Injury– Injuries, whether minor or severe, can bring with them considerable expenses and trauma. If you’ve suffered any kind of injury, you may be more likely to need to file a lawsuit for fair compensation.
- The Statute of Limitations is Approaching– Louisiana has a two-year statute of limitations for personal injury claims, so it’s important you act quickly if you plan to file a lawsuit.
Whether or not you need to file a lawsuit can be tricky to navigate. The right course of action is to consult with an experienced New Orleans personal injury firm like Cardone Law Firm to help you assess your case and advise you on the most appropriate approach to get the compensation you deserve.
What to Do If You’ve Suffered a Personal Injury
If you’ve been injured in an accident or due to someone’s carelessness, it’s important to take the right steps to protect your rights, your health, and your chances of receiving fair compensation. The following actions can help set you up for a successful personal injury claim:
1. Seek Emergency Medical Attention
Your health is the top priority. If your injury is severe or requires immediate medical attention, call 911 or go to the nearest emergency room. Even if your injuries seem minor, it’s important to get checked by a healthcare professional. Some injuries, like concussions or internal bleeding, might not be immediately obvious, so it’s important to seek medical attention first. Documenting your medical treatment will also be needed for your case.
2. Contact a Lawyer
A skilled personal injury attorney can guide you through the legal process and help protect your rights. They’ll evaluate your case, determine the potential value of your claim, and advise you on the right course of action.
3. Gather Evidence
If you’re able, start collecting evidence at the scene of the accident. Take photographs of the scene, your injuries, and any property damage that might’ve happened. If there were any witnesses, get their contact information and ask them what they saw. Written accounts from eyewitnesses can be helpful later. Your lawyer will also help gather evidence from other parties involved in the accident.
4. Obtain Documentation
If the accident involved a vehicle or was caused by another person, contact the police and file a report. The police report can provide valuable evidence, especially when establishing liability. Also, make sure to keep copies of any medical records, bills, and accident reports that are created as a result of your injury.
5. Stay Organized
Ensure you stay organized as you progress with your case. Keep a record of all medical expenses, treatments, and any communication with insurance companies or the at-fault party. Tracking these details is important to building a solid case and ensuring you don’t overlook any vital information.
Protect Your Rights by Understanding Personal Injury Claims
Dealing with a personal injury can be overwhelming, but you’re not alone. Whether you need to determine liability, calculate damages, or decide whether to file a lawsuit, having the right legal support can help you secure the compensation you deserve.
If you’ve suffered any personal injury, don’t wait to take action. Cardone Law Firm can guide you through the legal process, protect your rights, and fight for compensation. Contact Cardone Law Firm today to discuss your case and start your journey toward recovery.