Personal Injury Claim Categories

A personal injury claim can fall into one or more categories depending on the circumstances of the case. Some of the more common categories include motor vehicle accidents, premises liability, products liability, professional liability, and wrongful death. Some of these, like motor vehicle accidents and wrongful death, are fairly self-explanatory. Others may not sound as familiar.

Premises liability may be more commonly recognized as slip-and-fall or trip-and-fall cases – cases in which an injury could have been prevented, but negligence allowed it to occur. This can happen on public or private property. Products liability has to do with goods or products that cause injury. Professional liability involves injury in the course of receiving a professional service, like medical malpractice. Sometimes, a claim could fit into multiple categories. For example, a medical mistake that resulted in death could be both a professional liability claim and a wrongful death claim.

Liability and Damages

To successfully pursue a personal injury claim, you will need to show both liability and damages. Proving liability means proving that another person or entity was responsible for the injury. For instance, if you’re injured in a motor vehicle accident in which the other driver ran a red light, the driver would be the person liable. The driver’s passengers would not be liable. Being certain you know who was driving the car would be an important part of your case.

“Damages” refers to the types of losses suffered and can include both economic and non-economic losses. Medical bills and lost wages are examples of economic losses. Pain and suffering are non-economic losses. The types of damages you may be able to claim are numerous and can be confusing, which is why it’s important to have a personal injury attorney who can determine how best to structure your claim. You should also save all documentation, such as medical bills, to help prove your damages.

Settling a Claim

With your help, your attorney will establish what your claim involves, who is liable, and what your damages are. The next step will be identifying which insurance companies are involved. It’s common in personal injury cases that the defendant’s insurance company will actually be the one financially responsible for the damages. This isn’t only the case with car accidents. If the injury happened on someone else’s property, homeowner’s insurance would come into play. If the defendant is a business, there would be business insurance involved.

Your personal injury attorney will reach out to the relevant insurance companies and may be able to receive a settlement offer by communicating with them. Many personal injury claims are settled this way without ever going to court. A mutually agreeable settlement is usually a positive development for the person making the claim. It keeps legal fees and costs down and allows the claimant to receive compensation faster. Taking a personal injury claim to trial can take some time, which can be a problem when medical bills and expenses are mounting up. 

Proceeding to Trial

Nevertheless, some personal injury cases do proceed to trial. This can happen when there’s a dispute about liability or when the insurer or defendant is uncooperative. If a personal injury case goes to trial, the defendant will be represented by their own lawyer, usually paid for by the insurance company. They’ll be entitled to discovery and they’ll also be able to take your sworn statement before a court reporter, a process known as a deposition.

Even after the initial steps are taken toward a trial, a settlement can still occur at any point if both parties agree. The majority of personal injury cases are settled at some point, so it’s more likely that your case will be resolved that way.

Having the right personal injury attorney is essential to a successful personal injury claim. Whether your claim ends in a settlement before trial or inside a courtroom, your attorney is your partner and guide through the process. You need to feel comfortable with them and confident in their skills. They should be able to answer your questions satisfactorily and keep you updated on the progress of your case.

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".