How Can You Claim Bodily Injury from a Car Accident?

It is possible to recover compensation for bodily injury from a car accident caused by someone’s negligent action. 

Negligence is a legal term for someone who fails to take the same reasonable, prudent measures as an average person in a similar situation. When negligence causes you bodily injury from a car accident, you could be entitled to financial compensation. 

Claiming bodily injury requires proof that you suffered harm. You must also show that these injuries resulted in damages. 

Keep reading to learn more about how to claim bodily injury from a car accident. If you do think you might have a case, you can use our free search tool to find an experienced car accident lawyer near you. 

What Is Bodily Injury?

Bodily injury refers to any harm done to the body, including but not limited to bone fractures, brain injuries, burns, cuts, bruises, internal bleeding, nerve damage, and the loss of bodily organs or functions. 

10 Most Common Car Accident Injuries

Whether it’s a rear-end collision, rollover, or a head-on collision, injuries from a car crash range from mild to life-threatening. 

These are the ten most common car accident injuries with a brief description.

1. Whiplash. Strained muscles and ligaments in the neck due to an abrupt blow or violent back-and-forth movement.
2. Other Neck Injuries. Herniated discs in your upper spine may cause nerve damage and different types of neck pain. 
3. Back Injuries. Car accidents may cause the discs in your spine to rupture, leading to a painful injury that limits your mobility.  
4. Bruises. Also called contusions, car accident victims suffer bruises from impact force, air bags, and seat belts.
5. Traumatic Brain Injuries. Any blow to the head has the potential to disrupt your brain’s normal activity, possibly resulting in physical and cognitive damage. 
6. Concussions. A concussion is a mild form of a traumatic brain injury and can quickly become life-threatening if not diagnosed and treated.
7. Broken Bones. Depending on the point of impact, car accident victims may suffer from broken or fractured bones in the arm, leg, hand, or wrist.
8. Internal Bleeding. When the body’s protective skeleton is compromised, car accident victims can suffer internal bleeding that leads to organ loss or failure. 
9. Burns. Accident victims can suffer severe burns if the car catches fire after the impact.
10. Dental Injuries. The force of impact can shatter teeth or the jaw bone, requiring extensive dental reconstruction and repair. 

How Can You Recover Compensation for Bodily Injuries?

You could recover compensation for your medical bills, lost wages, and other damages related to car crash injuries. The key to a successful car accident claim is securing evidence of liability against the at-fault driver. Being injured is not enough – you must show the insurer (or the court) that these injuries, caused by negligence, created economic and emotional damages.

What Are the Steps in Proving Negligence?

No matter where you live, all states require that you show how the other party is liable for your injuries and therefore financially accountable for damages. 

Step 1 — Establish Duty of Care

Duty of care is the expectation that someone will take reasonable, prudent measures to avoid causing bodily injury to others. When you pull out of your driveway or parking garage, other drivers assume that you will uphold a duty of care. For drivers, this duty of care includes obeying traffic signals, speed limits, and proper yielding of the right of way. 

Step 2 — Establish Negligence

Breach of duty, or negligence, occurs when someone fails to uphold their duty of care. There are dozens of ways that at-fault drivers are negligent, from drunk driving to falling asleep behind the wheel. 

Step 3 — Establish Causation of Injuries

You must show that the driver’s negligence caused bodily injury as a result of negligence. The insurer must see a direct cause-and-effect before considering whether to pay your claim.

Step 4 — Establish Damages

Damages are the financial and emotional losses created by bodily injury. They can be specific, tangible losses, such as a hospital bill. Damages can also be general and intangible, like the emotional trauma of losing a loved one from a car crash.

What Type of Proof Is Needed for Your Claim?

Collecting proof of liability begins at the scene of the car accident. If possible, take pictures and videos of skid marks, debris, final resting places of the cars, and damage to your vehicle. You can also take photos of your injuries. However, there are other forms of medical documentation that you should include with your claim. 

Securing the necessary evidence to show proof of injury and damages can be challenging, especially when you’re injured. You might want to contact a personal injury attorney that handles car accident cases and is familiar with your state’s liability laws and insurance requirements. 

Four Common Types of Proof in a Bodily Injury Claim

An experienced attorney can advise you on many different ways you can prove your claim. Here are some of the most common and valuable types of proof in such case.

Medical Records

Medical records might include information from the emergency department, paramedics, laboratory results, and computerized medical images from X-rays and MRIs. 

Examination Notes

A personal injury attorney can ask your doctor for a detailed explanation of your injuries and prognosis. 

Bills and Invoices

Keep all bills and invoices from hospitals, ambulance services, doctors, pharmacies, and medical equipment suppliers. 

Expert Testimony

Sometimes it is helpful to have an expert explain how your injuries affect your emotions, finances, employment, and relationships. 

How to File a Claim

Depending on whether you live in an at-fault or no-fault state, you’ll file a claim with your insurer or the other driver’s insurance. 

There are a few ways to file your insurance claim for bodily injuries. 

Online Filing  

Some insurance companies allow you to file a claim entirely online using their website or mobile app. While this is a time-saving option, you want to ensure that documents fit the required type and size. For example, the insurance company can reject your claim if you upload a JPEG instead of a PDF. 

Follow up with the insurance adjuster assigned to your claim to make sure that your electronic filing is accepted and processed. 

Paper Filing

You might prefer to file using the post office, FedEx, or another delivery method. Make sure that you keep copies of all documents – don’t give the insurance company the original unless you have at least one scanned or paper copy. 

Track your claim through the carrier or post office and require that someone sign for the package. 

Work with an Attorney

Most personal injury attorneys will file, track, and manage your insurance claim for you. They also negotiate on your behalf since most insurance companies try to settle for as little as possible. Personal injury attorneys are skilled negotiators who can also file a lawsuit should negotiations fall through. 

You have a limited time for legal action, depending on your state’s statute of limitations. If you wait too long and miss this deadline, you could lose out on potential and rightful compensation. 

Getting Help with Your Case

If you suffered bodily injury from a car crash, you could be entitled to compensation. An experienced personal injury lawyer can navigate you through the insurance claims process. Most auto accident attorneys offer free consultations and work on a contingency basis. You pay only if they successfully recover damages for you. 

For help with your case, enter your ZIP code into our search tool to find a car accident lawyer near you.

Case Studies: Claiming Bodily Injury From Car Accidents

Case Study 1: Mary’s Rear-End Collision

Mary was driving home from work when she was rear-ended by another vehicle at a stoplight. As a result of the accident, she suffered whiplash and lower back pain.

Mary immediately sought medical attention and was diagnosed with soft tissue injuries. She incurred medical expenses for treatments such as physical therapy and chiropractic sessions.

To claim bodily injury from the car accident, Mary hired a personal injury attorney who helped her gather evidence of the other driver’s negligence. This included obtaining the police report, eyewitness statements, and medical records.

The attorney filed a claim with the at-fault driver’s insurance company and negotiated a settlement that covered Mary’s medical expenses, lost wages, and pain and suffering.

Case Study 2: John’s T-bone Collision

John was involved in a T-bone collision at an intersection. The other driver ran a red light and crashed into the driver’s side of John’s vehicle.

As a result of the accident, John suffered a broken arm, multiple fractures in his leg, and internal injuries. He required surgery, hospitalization, and extensive rehabilitation.

Proving negligence was relatively straightforward due to the clear violation of traffic laws by the other driver. John’s personal injury attorney gathered evidence such as traffic camera footage, witness testimonies, and expert opinions.

The attorney worked with medical professionals to document John’s injuries, treatment plan, and long-term prognosis. With the gathered evidence, John’s attorney filed a claim against the at-fault driver’s insurance company.

Through negotiations and legal representation, John received a settlement that compensated him for his medical expenses, ongoing rehabilitation, lost wages, and pain and suffering.

Case Study 3: Sarah’s Rollover Accident

Sarah was driving on a highway when another driver suddenly swerved into her lane, causing her vehicle to roll over. She suffered multiple fractures, head trauma, and severe emotional distress.

Sarah required immediate medical attention and was hospitalized for an extended period. Establishing negligence was challenging due to conflicting witness testimonies.

Sarah’s personal injury attorney worked diligently to gather evidence, including accident reconstruction reports, expert analysis, and medical documentation.

The attorney also enlisted the help of a psychiatrist to evaluate the psychological impact of the accident on Sarah’s well-being. Despite the complexities of the case, Sarah’s attorney filed a claim against the at-fault driver’s insurance company.

The attorney advocated for Sarah’s rights and fought for a fair settlement that covered her medical expenses, ongoing therapy, lost earning capacity, and the emotional trauma she experienced.

Case Study 4: Mark’s Intersection Collision

Mark was driving through an intersection when another driver ran a stop sign and crashed into his vehicle. The impact of the collision caused

Mark to sustain a traumatic brain injury, internal injuries, and multiple fractures. He required emergency medical care, surgeries, and extensive rehabilitation. Proving negligence in this case was crucial, as the at-fault driver denied responsibility.

Mark’s personal injury attorney utilized various sources of evidence, including traffic camera footage, expert accident reconstruction analysis, and medical expert opinions. The attorney also interviewed eyewitnesses to establish the other driver’s disregard for traffic laws.

With a strong case, Mark’s attorney filed a lawsuit against the at-fault driver, seeking compensation for his medical expenses, ongoing care, lost income, and diminished quality of life.

The attorney fought tirelessly in court, presenting the evidence and arguing Mark’s case to the judge and jury.