Meredythe Heaton Wilkinson | September 15, 2025 | Personal Injury
A personal injury claim is a legal case you can file when someone else’s actions cause you harm. These claims help injured people recover money for medical bills, lost wages, and other damages. Understanding “what is a personal injury claim” and how it works can help you protect your rights after an accident.
This article will look at the basics of personal injury claims, the types of accidents that commonly lead to them, what damages may be available, and how an experienced attorney can guide you through the process.
Understanding Personal Injury Claims
Personal injury claims center on legal responsibility. When someone fails to act reasonably and causes an accident, they may owe money to the injured person. This legal concept is called negligence.
To have a valid negligence claim, four key elements must exist:
- First, the other party must have owed you a duty of care.
- Second, they must have failed to meet that duty.
- Third, their failure must have directly caused your injury.
- Fourth, you must have suffered actual damages from the incident.
For example, all drivers have a duty to follow traffic laws and drive safely. If a driver runs a red light and hits your car, they have breached their duty of care. If this breach caused your injuries, you may have a valid claim.
Common Types of Personal Injury Claims
Personal injury claims arise from many different situations. Understanding the various types helps explain what injury claim coverage includes.
Motor vehicle accidents create the most common personal injury claims:
- Car accidents caused by speeding or distracted driving
- Truck crashes involving commercial vehicles
- Motorcycle accidents with severe injuries
- Pedestrian accidents in crosswalks or sidewalks
- Bicycle accidents on roads or bike paths
Premises liability cases involve injuries on someone else’s property:
- Slip and fall accidents in stores or restaurants
- Dog bite incidents in neighborhoods or parks
- Swimming pool accidents at private homes
- Inadequate security leading to assaults
- Defective stairs or handrails causing falls
No matter the type of accident, each personal injury claim is unique and requires careful evaluation to determine liability and recover fair compensation.
What Qualifies as a Serious Injury Claim
Serious injury claims typically involve significant medical treatment and long recovery periods. These cases often result in higher compensation amounts due to their severe impact on victims’ lives.
Catastrophic injuries that commonly lead to serious injury claims include:
- Traumatic brain injuries affecting cognitive function
- Spinal cord injuries causing paralysis
- Severe burns requiring multiple surgeries
- Amputations of limbs or digits
- Multiple bone fractures needing extensive treatment
- Permanent scarring or disfigurement
When injuries are this severe, pursuing a serious injury claim is often the only way to secure the resources needed for long-term care, financial stability, and a measure of justice.
The Personal Injury Claim Process
The process typically begins with investigating the accident. This involves gathering evidence, taking photos, and collecting witness statements. Medical records and police reports also provide crucial information about what happened.
Next comes calculating damages. This includes current and future medical expenses, lost income, and pain and suffering. Serious injuries often require expert testimony to determine lifetime care costs.
Settlement negotiations usually happen before going to court. Most personal injury claims settle without a trial. Insurance companies evaluate the evidence and make offers to resolve the case.
If settlement talks fail, the case may go to trial. A judge or jury will decide if the defendant is liable and how much money to award.
Types of Compensation Available
Personal injury claims can provide several types of compensation.
Economic damages cover measurable financial losses:
- Medical expenses
- Future medical bills for necessary care caused by the incident
- Lost wages from time off work
- Future earning capacity if you can’t return to work
- Property damage to vehicles or personal items
- Transportation costs for medical appointments
Non-economic damages address intangible losses:
- Physical pain and emotional suffering
- Mental anguish and anxiety
- Loss of enjoyment in daily activities
- Relationship impacts with family and friends
- Permanent disability or disfigurement
In rare cases involving extreme misconduct, courts may award punitive damages. These aim to punish wrongdoers and deter similar behavior.
Contact The Austin Personal Injury Lawyers From Heaton McLean Personal Injury Lawyers for a Free Consultation
Personal injury claims range from minor accidents to life-changing injuries. The key is proving another party’s negligence. Because insurance companies often work to minimize payouts, it is wise to seek legal help if your injuries are severe, fault is disputed, or settlement offers seem too low.
An experienced attorney can properly value your claim, negotiate with insurers, and prepare for trial if needed. Contact Heaton McLean Personal Injury Lawyers for a free, no-obligation consultation.
Contact us today at (512) 503-4878 or visit our Austin law office for a free consultation with an Austin personal injury lawyer.
Heaton McLean Personal Injury Lawyers Austin
3933 Steck Avenue, Suite B-115, Austin, TX 78759
(512) 503-4878