When you’re injured through someone else’s careless or intentional action, you almost certainly have a right to bring a claim against the at-fault party, but the clock is ticking. Most insurance claims need to be made soon after any incident that triggers coverage, and if you’re taking the matter to court, every state has laws on the books that place a strict time limit on your legal right to file a personal injury lawsuit.
You’ve been injured in an accident, and you’re pretty sure that someone else -- whether that’s a person or a business -- is to blame. Does that mean it’s time to send a demand letter or hire an attorney? Not necessarily. Instead, it may make sense to take a step back and ask yourself a few questions. In this section, we’ll discuss the key factors to consider when you’re deciding whether it’s a good idea to file a personal injury claim.
Articles and FAQs are great for understanding what to expect at every stage of your personal injury claim, but in some situations you may be ready to take a more active role in your case. That’s where this section comes in, with helpful tools (including sample demand letters) to help you move toward a fair resolution of your injury claim.
Learn more about the basics of a personal injury claim, and common types of personal injury claims. We’ll bring you up to speed on the basics of personal injury claims: what they are, who can file them, how the process works, how long it might take, and more.
This question is on the minds of most (if not all) personal injury claimants. Unfortunately, while it’s one of the most common questions we get, it’s also one of the most difficult to answer. Figuring out what a personal injury claim is worth means gathering all pertinent records, figuring out the insurance coverage picture, investigating fault, and getting a feel for each side’s willingness to settle (or the likelihood that they’ll dig in their heels and fight). In this section, we’ll dive into the factors that are most determinative in valuing any personal injury claim.
After some kinds of accidents, while it’s clear that you’ve been injured, it’s not so obvious who is legally at fault for what happened. And even when you’re pretty sure who’s to blame, establishing legal liability (proving who’s at fault) can still be a big hurdle to clear in any personal injury claim. In this section, we’ll explain the basics of establishing fault after an accident or injury.
Why the concept of negligence is pivotal in many personal injury cases, and how to prove the elements of a negligence or negligence per se claim. ... Read more
Find out which states follow the harsh contributory negligence rule, and which have adopted a version of the much fairer comparative negligence rule. We'll also explain how each of these rul ... Read more
An in-depth look at the kinds of losses that can be compensated in a personal injury claim, how "damages" are proved, and what to expect in your case. ... Read more
Missing the lawsuit filing deadline set by the statute of limitations usually spells doom for a personal injury lawsuit, except in rare situations where the filing window can be extended. ... Read more
If you were hurt on a dangerous property—like an icy parking lot, a dangerous sidewalk, defective stairs, or an improperly maintained store floor—here’s a sample demand letter you can ... Read more
The demand letter is your first chance to make your case and position yourself for a fair settlement. Here's what a demand letter might look like in a car accident injury claim. ... Read more
When an accident is partially your fault, the shared fault rules in your state might kill your claim. Here's how the different shared fault rules work. ... Read more
Preponderance of the evidence—meaning more likely to be true than not true—is the legal standard of proof in most civil cases. ... Read more
Here’s an in-depth look at how lawyers and insurance companies value personal injury claims. ... Read more