Do you have a personal injury case?

What must be true: The other party was at fault through negligence — speeding, DUI, failure to yield, distracted driving. In no-fault states (Florida, Michigan, New York, Pennsylvania and others) you must first exhaust Personal Injury Protection (PIP) and meet a "serious injury" threshold before suing. In at-fault states you can sue directly.

What makes it strong: A police report citing a violation, dashcam or surveillance video, independent witnesses, the other driver's admission or DUI, and serious documented injuries. Rear-end collisions carry a near-automatic presumption of fault against the rear driver.

What defeats it: Being more than 50% at fault in modified-comparative states, failing a no-fault threshold, delayed treatment, or a pre-existing condition without clear new injury.

Evidence needed: Police crash report, scene and damage photos, medical records linking injuries to the crash, witness statements, and — for trucks — black-box data and federal hours-of-service logs.

What must be true: A property owner or occupier breached the duty owed to you based on your status — invitees (customers) are owed the highest duty to inspect and fix hazards; licensees (social guests) are owed a warning of known dangers; trespassers are owed almost nothing. Critically, you must show the owner had actual or constructive notice of the hazard — they knew, or a reasonable inspection would have found it.

What makes it strong: Prior complaints or maintenance logs showing an ignored hazard, video of an unattended spill, a witness who can establish how long the hazard existed, and a serious injury such as a fracture.

What defeats it: The "open and obvious" doctrine (a hazard you should have seen), your own distraction, or no notice — a spill that existed only a few minutes before the fall.

Evidence needed: Incident photos and surveillance footage, witness statements on how long the hazard existed, maintenance logs and prior complaints.

What must be true: A provider deviated from the accepted standard of care — what a reasonable practitioner in the same specialty would have done — and that deviation caused your injury. A bad outcome alone is not malpractice. Most states require a certificate of merit: a sworn expert affidavit filed early in the case confirming the claim has merit.

What makes it strong: Clear expert testimony linking the breach to the harm, egregious errors (wrong-site surgery, a retained surgical instrument, a clearly missed diagnosis), and a hospital that is vicariously liable for its employees.

What defeats it: No supporting expert, a known complication you were warned about and consented to, your own non-compliance with follow-up care, or an alternative cause such as the underlying disease.

Special rules: Statutes of limitation are often shorter than standard personal injury, and many states cap non-economic damages.

What must be true: The injury arose "out of and in the course of employment." Workers' comp is a no-fault system — you do not have to prove anyone was negligent, and it covers medical care plus a percentage of lost wages. In exchange, you generally cannot sue your employer. However, you can bring a separate third-party claim against a non-employer — a defective-equipment maker, a negligent contractor, an at-fault driver.

What makes it strong: A clear connection to work, an incident reported promptly, and a permanent disability rating.

What defeats it: An idiopathic (purely personal) cause, intoxication at the time, or being outside the scope of employment (horseplay).

Evidence needed: The employer incident report (file it fast), medical records, wage statements, and supervisor or witness statements.

What must be true: The product had a design defect (unreasonably dangerous as designed), a manufacturing defect (it deviated from its own specs), or a failure to warn (inadequate instructions or warnings). Product liability often runs on strict liability — you do not have to prove negligence, only the defect. The product must have been used as intended or in a reasonably foreseeable way, and not substantially altered.

What makes it strong: A recall history, internal testing data showing the defect was known, and a pattern of similar complaints.

What defeats it: Non-foreseeable misuse, substantial alteration of the product, or a "state of the art" defense.

Evidence needed: The product itself and its packaging (preserve them), expert testing, recall and complaint records, and proof of purchase.

What must be true: The facility breached the standard of care it owed the resident — adequate staffing, supervision, hygiene, nutrition, and medical attention. Neglect includes preventable pressure sores, falls, dehydration, and malnutrition. Abuse includes physical, sexual, financial, or verbal mistreatment.

What makes it strong: Stage 3 or 4 pressure sores, unexplained fractures or injuries, understaffing records, and prior citations against the facility.

What defeats it: Injuries genuinely attributable to a pre-existing condition, documented family consent to known risks, or resident combativeness.

Evidence needed: Medical charts with progression photos, staffing schedules, mandatory incident reports, and visitor or family testimony.

What must be true: The deceased would have had a valid personal injury claim had they survived — negligence caused the death. Only statutory beneficiaries can bring the claim — typically a spouse, children, parents, or the estate, in an order set by each state's wrongful death statute. A separate survival action recovers for the pain and losses the person suffered before death.

What makes it strong: Clear liability, dependents who relied on the deceased's income or care, and a victim with significant future earning capacity.

What defeats it: No dependents in states that bar pure grief damages, comparative negligence of the deceased, or workers' comp exclusivity where the death was work-related.

Evidence needed: Death certificate and autopsy, the underlying liability evidence, the deceased's financial records, and proof of beneficiary dependency.

You have a personal injury case if four elements are present: someone owed you a legal duty of care, they breached that duty, the breach directly caused your injury, and you suffered measurable damages such as medical bills, lost wages, or pain and suffering. If even one element is missing, there is no viable negligence claim. The fastest way to know is a free case review — a licensed attorney evaluates the facts in 15–30 minutes at no cost.

Fault means another party breached a legal duty of care and that breach caused your injury — a driver who was speeding, a property owner who ignored a known hazard, a doctor who deviated from the accepted standard of care. Evidence such as a police report, photos, witness statements, and medical records establishes fault. In most states you can recover if the other party is more than 50% at fault.

In most US states you can still recover even if you were partially at fault. In pure comparative negligence states you recover even at 99% fault, reduced by your percentage. In modified comparative states you recover only if you are 50% or 51% or less at fault. In four pure contributory negligence jurisdictions — Alabama, Maryland, North Carolina, and Virginia (plus DC) — any fault at all bars recovery entirely.

The statute of limitations is set by each state and ranges from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota), with most states at 2 or 3 years. Claims against government entities often require a notice of claim within 6 months to 1 year. Missing the deadline almost always bars the claim permanently — so act quickly.

Yes. A free case review is 100% free with no obligation. A licensed personal injury attorney reviews the facts of your case, usually by phone, and tells you whether you have a claim worth pursuing. You are never charged for the review and you are under no obligation to hire anyone.

Very small claims with clear liability can sometimes be handled directly with the insurer. For serious injuries, represented claimants recover substantially more on average than unrepresented ones, because insurers routinely make low offers to people without counsel. A free case review is the no-risk way to decide.

Almost all US personal injury lawyers work on contingency: no upfront fee, and they are paid only if you recover. The standard contingency fee is roughly 33–40% of the settlement or award, with case costs deducted separately. If you recover nothing, you owe no attorney fee.

If the at-fault party is uninsured you may be able to recover through your own uninsured or underinsured motorist coverage, or by pursuing the person's personal assets. If the defendant has no insurance and no assets they are effectively judgment-proof, which may make the case not worth pursuing even if it is legally valid.

Yes. Under the eggshell plaintiff rule, a defendant is liable for the full extent of harm they cause even if you were unusually vulnerable. You must show the incident aggravated or worsened your pre-existing condition — comparing medical records before and after the incident is the standard proof.

If you signed a full release of liability, your claim is usually closed unless there was fraud or a mutual mistake. If you only gave a recorded statement or accepted a partial payment, you may still have options. Stop communicating with the insurer and have the documents reviewed before doing anything else.

Act immediately. Seek medical care to create a record, report the incident, and preserve evidence such as photos and witness contact information. Delays in treatment and evidence loss weaken cases, and the statute of limitations clock typically starts on the date of injury.

Pursue it anyway and get checked by a doctor. Some injuries — concussions, soft-tissue damage, internal injuries — have delayed symptoms and worsen over time. A documented medical evaluation protects both your health and any potential claim. If there is genuinely no injury and no cost, there is no case.

Yes. A police report helps but is not required. Cases are routinely proven with witness statements, photos and video, medical records, and expert testimony. The absence of a report does not end a claim — it just means other evidence carries more weight.

A claim is a demand for compensation made directly to an insurance company — the large majority of personal injury matters resolve here without a court. A lawsuit is a formal case filed in court, used when the insurer denies the claim or makes an unreasonable offer. A claim is faster and cheaper; a lawsuit applies pressure for a fair result.

A straightforward claim that settles with an insurer often resolves in a few months. Cases with serious injuries or contested liability commonly take 12 to 24 months, and cases that go to trial can take longer. The single biggest variable is medical stability — no responsible attorney settles before your prognosis is clear.

The core evidence is medical records and bills that document the injury and its cost, photos and video of the scene and injuries, witness statements, a police or incident report where one exists, and proof of lost wages. For complex cases, expert testimony establishes causation and the standard of care.