A question that still many fail to ask or often neglect to ask is, “Does my case come under personal injury?” Basically, after an accident, the reality most people focus on is recovery, bills, and just getting back to normal life.
Some believe personal injury applies only to major accidents and not to minor ones, like a slip and fall. Others avoid taking their case to legal proceedings, and that is in large part because they consider the process to be long, stressful, or not worth the effort. There is also a common fear that their case may not qualify at all, so they decide not to explore it further.
The reality is, many valid personal injury claims go unnoticed simply because people do not ask the right questions at the right time. In such situations, it is always best to consult a legal professional to check personal injury claim eligibility, so you get clarity before making assumptions.
How an Accident Is Considered to Come Under Personal Injury
Before moving forward, just make it clear to yourself that a personal injury accident generally means harm caused to a person because of someone else’s actions or failure to act responsibly. And remember this harm can be physical, emotional, or financial.
As said above, most personal injury cases are based on negligence. Negligence means someone failed to act with reasonable care, and that failure caused harm.
There are four basic parts involved:
1. First is the duty of care. And this means the other involved party also had a responsibility to act safely. This duty of care exists even before the accident happens and applies at all times.
For example, a driver has a duty to follow traffic rules. This is because every person on the road is expected to drive in a way that keeps others safe. Their actions should not put passengers, pedestrians, or other drivers at unnecessary risk.
2. Second is breach of duty. This happens when the person fails to meet their given responsibility. It often includes all the careless behavior a person makes while driving, such as not paying attention to the road, unnecessary braking, speeding, and not following basic safety practices that they are advised to practice. So, basically, when someone acts in a way that a reasonable person would avoid, it usually counts as a breach.
3. Third is causation. You must show that this breach directly caused your injury. The injury should not be unrelated or accidental without connection. Basically, there should be a clear link between the action and the harm suffered. If the injury had not happened without that careless act, causation is generally established.
4. And then damage. Damage can be both economic and non-economic. This refers to actual harm suffered, such as medical expenses, pain, lost income, or emotional stress. If all these parts exist, the accident usually falls under personal injury.
Uncommon Incidents That Also Come Under Personal Injury
Many people think personal injury only involves accidents, but that is not always true. Some intentional acts also fall under personal injury law, like
- Assault and battery. If someone intentionally causes physical harm, it can become a personal injury claim.
- Sexual assault or abuse also comes under personal injury. These cases involve serious emotional and physical harm; even if visible injuries are not always present, the victim can go forward with the case.
- False imprisonment is another example. If someone unlawfully restricts your movement, it may qualify as personal injury.
- Intentional infliction of emotional distress also counts. This happens when someone’s extreme actions cause severe mental suffering.
In some cases, defamation or invasion of privacy can also lead to personal injury claims if real harm is proven.
Importance of the Statute of Limitations in Personal Injury Claims
The statute of limitations is a legal deadline for filing a personal injury claim. One important part to notice is that all the states will follow the same time frame; each one has its own time limit for filing the case.
If you miss this state’s deadline, you may lose your right to seek compensation. Yes, the time frame after the accident happened is very important, and the case might even be dismissed if you cross the time limit, even if your case is strong. This is why it is always advised to hire a legal professional, who’ll take care of everything.
Key Takeaways
- Many valid personal injury claims go unnoticed because people do not realize their situation qualifies under personal injury law.
- Most personal injury cases depend on proving negligence, but it is not limited to accidents and can also include intentional acts like assault, abuse, or emotional harm.
- Strong evidence and awareness of filing deadlines play a very important role in protecting your right to compensation.
- The statute of limitations is a legal deadline for filing a personal injury claim, which plays a very important role in filing an injury claim.