Injuries & Accidents: Learn the Basics (2025)

Legal Definition of an Injury

Legally, an injury is any harm done to a person by another’s conduct. It’s most commonly a physical injury, but you can also suffer injuries to your reputation, dignity, and legal rights. Additionally, it’s possible for a breach of contract to be considered an injury.

Whether the injury is intentional or accidental, you still have a right to hold the other party accountable for their conduct. You can do this via the personal injury claims process. Through this legal action, you can claim damages to cover the losses you sustained so that you can be “made whole.”

Examples of accidents and intentional actions that can result in a claim include:

• Traffic accidents
• Premises liability accidents
• Product liability accidents
• Construction and other workplace accidents
• Medical accidents
• Assaults, including sexual assault
• False imprisonment
• Slander
• Misrepresentation
• Fraud

If a loved one dies because of another party’s conduct, you also have a right to file a wrongful death claim, which is a personal injury claim in which the victim is no longer able to advocate for themselves.

First Steps to Take After an Injury

Your first concern after suffering an injury due to someone else’s actions is to seek medical care. A visit to the emergency department or doctor’s office helps in two key ways.

First, you receive a diagnosis of your injuries and a treatment plan. This can be particularly important if you sustained any hidden injuries, such as a concussion or torn cartilage. Rather than suffering or making your injury worse, you can follow the doctor’s instructions to recover.

Second, your visit will produce medical records that document how and when you were injured. This evidence can support any personal injury settlement or lawsuit that you pursue.

Establishing Liability in Personal Injury Claims

To be able to hold a party responsible for the injuries they have caused you, personal injury law requires you to demonstrate that the other party’s actions were intentional or negligent. In the former, you must show they had an intent to cause you harm.

To prove that you deserve compensation for an accident injury, however, you must prove negligence took place. That requires showing that the defendant owed you a duty of care that they breached, resulting in your losses. Vitally, you have to be able to be compensated for these injuries.

For example, say you were in a T-bone accident because someone was driving while texting and didn’t see your car. Anyone operating a vehicle has a responsibility or duty of care toward others on the road to drive lawfully and safely. Since texting and driving is against the law, they breached their responsibility.

If you suffered losses for which you can be compensated, like an injury that requires medical care, you meet all requirements to hold the party liable for negligence. Keep in mind that not all cases are that straightforward. Some types of accidents involve multiple parties, and you may even be partly to blame.

Accidents and Injuries: Damages Available

After an accident that resulted in losses, you can file a claim to receive damages. Damages refer to monetary compensation that the defendant pays to the plaintiff and can include both general damages and special damages.

General damages, also called non-economic damages, compensate you for losses that don't have clear price tags. They can include pain and suffering and loss of enjoyment of life. For those who’ve lost a loved one because of the accident, it’s also possible to claim loss of companionship and support. In certain cases, even without financial losses, courts may grant nominal damages—small, symbolic payments, sometimes as little as $1, to recognize that your rights were violated despite the absence of measurable harm.

Special damages, on the other hand, deal with the financial losses you sustained. They cover medical expenses, including hospital stays, rehabilitative sessions, and the purchase of assistive medical devices.

These damages also cover lost wages and loss of earning potential if you won’t be able to manage your workload or you won’t be able to return to work at all.

Special damages cover funerary expenses, too, if a loved one dies in the accident. They include paying for caskets, visitations, a burial or cremation, and many other services.

When to Hire a Personal Injury Lawyer

A personal injury lawyer has experience handling claims for bodily injuries and in-depth knowledge of your state’s personal injury law. You should consider hiring a personal injury lawyer in the following circumstances:

• You suffered serious injuries, or a loved one died
• You incurred large medical expenses as a result
• Your injuries caused permanent or long-term disabilities
• You were injured in a car crash, and your state has a no-fault insurance system
• An insurance company denied your claim
• You were hurt at work, and your employer does not have workers’ comp

Most injury attorneys offer free consultations, so talking to a lawyer about whether you can pursue compensation should not cost you any money.

Emotional and Psychological Impact of Injuries

As you explore filing a claim, consider any emotional and psychological injuries you might have suffered. Trauma-related conditions like depression, anxiety and post-traumatic stress disorder (PTSD) may require expensive treatment and counseling. They may also significantly reduce your quality of life. As a result, you can often seek compensation for their effects.

For example, PTSD causes flashbacks, sleep disorders and extreme emotional responses to triggers. While PTSD is often treatable, you may require counseling, therapy, and even medication to control the symptoms. You should not have to bear the burden of these costs if your condition resulted from someone else’s actions.

Get Reliable Assistance After Suffering an Injury

If you’ve been injured in an accident, getting assistance from accident lawyers is one of the best steps you can take. You shouldn’t try to go through the claims process on your own because of the many complexities of personal injury law. The last thing you need is to run the risk of not getting the right level of help.

At ConsumerShield, we can provide guidance on what you need to know regarding these legal actions. We can also connect you with lawyers in your area who are qualified to represent you. Contact us to get the assistance you deserve.

You can also explore the following pages to learn more about finding and hiring a trusted personal injury lawyer near you:

Common Causes of Personal Injuries

Personal injuries often happen due to sudden and unexpected events, such as car accidents and slip and fall accidents. They can also result from harmful products. Toxic chemicals, dangerous drugs and defective devices can all cause serious injuries.

Another way these injuries can occur is when a healthcare professional makes an error or otherwise provides negligent care. Nursing home abuse and medical malpractice are common examples of provider-related personal injuries.

Common Types of Claims

Learn more about topics that may be relevant to your claim.