Practice Area
Personal Injury
Personal injury law exists to protect people who are harmed because someone else failed to act responsibly. If you’ve been injured in an accident, suffered emotional or psychological harm, or experienced losses due to negligence, recklessness, or intentional misconduct, you may have the right to seek compensation. Personal injury cases can include everything from car accidents and slip-and-fall injuries to medical malpractice, workplace injuries, and defective products.
At Helios Law, we help individuals understand their rights after an injury and determine whether they have a valid personal injury claim. We offer a free consultation for personal injury, so you can speak with an experienced attorney, ask questions, and get clear guidance on your next steps without any upfront cost or obligation. Get a free consultation.
What qualifies as personal injury?
Personal injury is any physical, mental, or emotional harm wrongfully caused by another person or entity (such as a business or government), as opposed to damage to property alone. It also includes certain harms to a person’s reputation, like defamation, in addition to physical and emotional injuries. The law usually requires some form of fault: negligence, reckless behavior, intentional misconduct, or, in some product cases, strict liability without proving fault.
Types of harm that qualify as personal injury
The first type of harm that qualifies as personal injury are physical injuries. This includes cases such as:
- Broken bones
- Back and neck injuries
- Traumatic brain injuries
- Internal injuries
- Burns
Other bodily harm from crashes, falls, medical errors, unsafe workplaces, or defective products also fall under this category.
The second are non-physical injuries, which include situations such as:
- Emotional distress
- Psychological trauma
- Invasion of privacy
- Defamation, like libel or slander
- False arrest or imprisonment
There are also situations that often count as personal injury, one of which is accidents. This includes motor vehicle crashes, slip or trip and fall incidents, construction or workplace accidents, and other events where someone failed to use reasonable care.
- Motor vehicle crashes and collisions
- Slip, trip, or fall incidents on dangerous property
- Construction and workplace accidents
- Other scenarios where someone did not use reasonable care
Misconduct may also qualify as personal injury, with scenarios such as assault, battery, intentional infliction of emotional distress, medical malpractice, nursing home abuse, and harmful defective products falling under this umbrella.
- Assault, battery, and intentional harm
- Intentional infliction of emotional distress
- Medical malpractice and nursing home abuse
- Harm from defective or dangerous products
Do I have a personal injury case?
Short answer: it depends. You may have a personal injury case if you were genuinely injured, someone else was at least partly at fault, there is insurance or another way to collect money, and you are still within the legal deadline to file. Some initial questions you can ask yourself include:
- Were you actually injured? Records like ER notes, imaging, treatment plans, and ongoing care can strongly affect the viability of a case.
- Was someone else at fault? There must be evidence that another person, business, or entity was negligent, reckless, or intentional in causing what happened.
- Can your losses be compensated? Medical bills, lost wages, diminished earning capacity, or significant pain and suffering count as measurable losses.
- Are you within the time limit? You have to file before the statute of limitations expires, and many states use modified comparative negligence rules.
That being said, it’s important that you contact a lawyer to get a firm answer on whether you have a case or not. You can get a free consultation with Mohini here.
What should I do after a personal injury accident?
After a personal injury accident, focus on safety and medical care first, then reporting, evidence, and protecting your legal rights. The exact steps can vary by situation (car crash, fall, workplace injury), but the core priorities are consistent:
- Immediate safety and medical care
- Report the incident
- Gather and preserve evidence
- Be careful with insurance and statements
- Consult a personal injury attorney
Immediate safety and medical care
Move to a safe place if you can and call 911 or local emergency services. Get evaluated by a medical professional as soon as possible even if injuries seem minor, and make sure to have a record of the treatment plan, both so you can follow through as well as keep it as evidence.
Report the incident
For vehicle accidents like crashes or public incidents, contact the police and request an official report. For injuries that occur in stores or your place of employment, notify the manager, owner, or supervisor and ask to document the event. Ask how you can obtain copies of any reports, as they become important documentation for insurance and any claim.
Gather and preserve evidence
If you are able, take photos and videos of the scene. Include things like the vehicle, hazards, weather, and lighting conditions, as well as your visible injuries. Keep physical items in their original condition (yes, this includes clothing, damaged gear, or shattered equipment).
How much is my personal injury case worth?
Case value depends on factors like severity and permanence of injuries, medical expenses (past and future), lost wages, impact on earning capacity, and pain and suffering. Insurance coverage limits, any fault attributed to you, and how the injuries affect daily life also strongly influence potential settlement or verdict amounts.
Will my personal injury case go to trial?
Most personal injury cases resolve through settlement before trial, often during negotiations with insurers or through mediation. This means that you would avoid a formal, public court trial, and instead have some form of payment to you, the plaintiff, in exchange for dropping the case and releasing the defendant from further liability. Cases can go to trial when a liability is disputed, the insurer questions the extent of your injuries, or the parties cannot agree on a fair amount.