James W. Dodson

What Is a Personal Injury Case?

A brief article describing the elements of a Personal Injury case.

We hear the term "personal injury case" everywhere in lawyer advertising. Your friends have probably brought it up to you if you have been in an accident. But what does it really mean? The term "personal injury" has replaced the legal word known as "tort claim" in common usage. A tort claim is based upon proving someone was negligent. That means that they had some duty (such as a duty of reasonable care driving a car) and that they breached that duty, meaning they were careless or negligent. We all understand that people can be negligent, but so can corporations and governmental entities. If someone's carelessness caused damage only to property (such as to a car, boat or structure) but did not cause injury to another person, this is called a "property damage case". Most personal injury lawyers will not handle a property damage case unless the person also suffered injuries. Common personal injury claims include:

Wrongful death

Vehicle crashes

Falls and unsafe premises

Defective and unsafe products

Dog bites and animal attacks

Medical malpractice

It important to deal with an experienced personal injury lawyer who knows how to gather the specific evidence needed to best support your claim and prove it in court if necessary. Evidence a lawyer may need to gather to prove your claim may include witness testimony, medical records, financial records, photographs and scene investigations, expert evaluation and reports, exhibits, illustrations and animations. Once the needed evidence is gathered to support your claim, your lawyer must have the skill and experience to effectively communicate your case to an insurance company and negotiate strongly on your behalf.

Experienced personal injury lawyers regularly deal with complicated issues of medicine, accident reconstruction, vocational rehabilitation, engineering and other specialized areas of study which may affect your case. They should also have experience actually trying injury cases to a jury and be willing to do so on your behalf if necessary. You must feel comfortable that any lawyer you select will be effective in communicating your best interest to a claims adjuster or to a jury. Just because a lawyer has some experience trying criminal cases or divorce cases does not mean they would be effective in pursuing an injury claim on your behalf. Insurance companies know the lawyers they have learned to respect and the ones they do not. Work with the lawyers that are best suited to your needs.

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