How Do I Know If My Injury Is Enough for a Personal Injury Claim?

After an accident caused by negligence, many are unsure if their injuries are significant enough to warrant a personal injury claim. In these cases, seeking guidance from an experienced Indiana personal injury attorney can help you assess your situation and determine whether a claim is worth pursuing.

At Christie Farrell Lee & Bell, we have decades of experience helping injured individuals across Indiana to pursue legal action and recover fair compensation. In today’s blog post, we’ll explore how to determine if your injury qualifies for a personal injury claim, what types of compensation you may be entitled to, and the factors influencing the success of a claim.

Common Types of Injuries in Personal Injury Claims

In the United States, unintentional injuries (often resulting from accidents like motor vehicle crashes, falls, and poisonings) are a leading cause of death and hospitalization. According to data from the Centers for Disease Control and Prevention (CDC), unintentional injuries accounted for 227,039 deaths in 2022, making it one of the top three causes of death.

Generally, you can file a personal injury claim when your injuries were caused by negligence. Some common examples of qualifying injuries include:

• Soft tissue injuries: These are common in car accidents and slip-and-fall incidents, and include sprains, strains, and whiplash.
• Broken and fractured bones: Bone fractures often occur in high-impact accidents, such as motor vehicle crashes or falls from height.
• Concussions and traumatic brain injuries: Even if symptoms aren’t immediately noticeable, head injuries can have serious long-term effects.
• Burns and chemical injuries: Often resulting from workplace accidents or exposure to hazardous substances.
• Psychological injuries: It’s common to develop conditions like PTSD and anxiety after a traumatic event, and this can be part of a personal injury claim.

However, some cases aren’t as straightforward as you might think. Even when the fault seems clear, it’s not always easy to prove that your injuries were directly caused by the accident. If you find yourself in a similar situation, our personal injury attorneys understand these complexities. We’re prepared to offer personalized advice tailored to your unique circumstances.

Compensation Types for Personal Injury Claims

Personal injury claims encompass multiple types of compensation, each addressing different aspects of the harm suffered, including:

• Medical expenses: This covers the cost of treatment, hospital stays, surgeries, medications, and related fees.
• Lost wages: Compensation for the income lost due to your inability to work while recovering from your injuries.
• Pain and suffering: Non-economic damages intended to address the physical pain and emotional distress caused by the injury.
• Rehabilitation and ongoing care: If your injury requires physical therapy or long-term medical care, this compensation can help cover those costs.
• Emotional and psychological damages: Conditions like anxiety, depression, or PTSD stemming from the incident can also be compensated.

Our expert team can help you thoroughly investigate the accident and gather comprehensive evidence to maximize the amount you can recover.

Factors That Affect Your Claim’s Viability

The most influencing factors that determine whether your injury is sufficient to pursue a personal injury claim include:

The Severity of the Injury

While minor injuries don’t commonly lead to substantial claims (unless they result in ongoing medical treatment, long-term complications, or significant costs), more severe injuries often lead to compensation because of their lasting effects.

Common examples include cases of severe fractures, spinal damage, or traumatic brain injuries. Overall, injuries that disrupt your ability to work or require long-term care are typically more likely to result in a successful claim.

Liability or Fault of the Other Party

If your injuries resulted from someone else’s negligence, you may have grounds for a personal injury claim. It’s possible to recover damages even if you were partially at fault, but Indiana’s comparative fault law will reduce your compensation according to the percentage of liability you share.

To minimize any comparative fault considerations, our team works to build strong cases backed by comprehensive evidence. This is because clear and compelling evidence demonstrating the other party’s negligence significantly boosts the likelihood of a favorable outcome.

Availability of Evidence

The strength of your personal injury case depends on the availability of evidence. Without sufficient evidence, it can be difficult to prove the extent of your injury or the other party’s liability.

To prove fault, our lawyers thoroughly investigate the case to collect evidence, including:

• Medical records
• Police reports
• Witness statements
• Surveillance footage, if available
• Expert testimonies

Impact on Daily Life

The way an injury impacts your day-to-day life greatly influences the compensation you receive. Generally, injuries that disrupt your ability to work, perform everyday tasks, or engage in activities you previously enjoyed are more likely to lead to compensation. 

Even seemingly minor injuries can have significant repercussions if they lead to long-term pain, disability, or emotional distress. The more we can prove an injury affects your quality of life, the more compelling your case becomes.

Medical Documentation and Prognosis

Solid medical documentation is key to supporting your claim. This includes records from your initial emergency room visit, follow-up appointments, treatment records, and any long-term prognosis provided by your doctor. The prognosis for your injury—whether it’s likely to improve or worsen over time— also impacts your claim’s potential value.

Timeframe for Personal Injury Claims in Indiana: Filing on Time

In Indiana, personal injury claims must be filed within two years of the injury, as per Indiana Code § 34-11-2-4. 

Failing to file within this statute of limitations can result in losing your right to seek compensation, so make sure you consult a lawyer as soon as possible after the incident that led to your injuries. Acting quickly will preserve your legal rights and ensure your claim is valid.

Get Expert Legal Help for Your Personal Injury Claim

After an accident caused by someone else’s negligence, hiring a personal injury lawyer is essential to navigate Indiana’s legal system and build a strong claim. At Christie Farrell Lee & Bell, we have secured multi-million dollar settlements over our decades of experience, and we are ready to support your case with honesty and dedication.

From evaluating the strength of your claim to gathering evidence and building a strong legal strategy, our experienced lawyers can guide you through each step of your claim. To get an estimate of your case’s potential value, contact us now and schedule a free consultation with a local personal injury lawyer.