How to Claim Bodily Injury From an Accident

How to Claim Bodily Injury From an Accident

If you suffered a bodily injury from an accident caused by someone else’s negligence, your focus should be on healing, not fighting for compensation. But to file a successful claim, you’ll need clear medical records, solid evidence of fault, and a realistic picture of what your losses are worth. 

Insurance companies rarely make this easy, and even small missteps can reduce the value of your claim. Knowing how to document your injuries and assert your rights from the start gives you the best chance at full and fair compensation.

It’s difficult, if not impossible, to do that on your own when you’re suffering from serious injuries or the loss of a loved one, which is why partnering with an experienced and proven personal injury lawyer can position you for the best possible outcome.

 

When Can You Claim Bodily Injury From an Accident?

You may be able to bring a bodily injury claim if you were physically harmed due to someone else’s negligence, but the injury must meet certain legal standards to qualify for compensation.

There must be proof that another person, company, or other entity failed their legal duty to act safely, and that this breach directly led to your injury and financial losses. 

While this may sound straightforward, in many cases, identifying who is legally responsible and proving how much harm was done takes detailed work, often with the help of legal and medical professionals.

Most bodily injury claims we handle arise from high-impact, high-stakes incidents where proving fault and valuing damages requires more than surface-level evidence. These include:

• Severe car accidents, particularly those involving high speeds, multiple vehicles, and catastrophic injuries. These cases often require expert crash reconstruction, surveillance footage, and detailed medical evaluations to show how the injuries have permanently affected the person’s life.
• Commercial truck accidents involve complex federal regulations, large corporate insurers, and often catastrophic outcomes. Analyzing black box data, driver logs, and fleet maintenance records is critical in establishing liability.
• Rideshare and delivery driver crashes, where legal responsibility may fall on multiple parties — the driver, the platform, or a third-party contractor. These cases often require digging into layered insurance coverage and company policies.
• Burn injuries, whether caused by vehicle fires, unsafe consumer products, or industrial accidents. These claims involve extensive medical care, permanent disfigurement, and long-term emotional trauma, and often demand testimony from burn specialists and plastic surgeons.
• Auto defect and product liability cases, including tire failures, airbag malfunctions, seatback collapses, and electric vehicle fires. These claims demand engineering analysis, access to internal manufacturer records, and experience litigating against national corporations.
• Wrongful death cases, where surviving family members seek justice and financial recovery after a preventable loss. These claims focus on accountability, future financial needs, and the lasting emotional toll of the tragedy.
• Aviation accidents, including private and commercial aircraft incidents, where jurisdictional, technical, and complex procedures make these cases especially difficult to pursue without experienced counsel.

In these cases, the injuries are rarely moderate or temporary. They often result in long-term disability, chronic pain, or the need for lifelong medical care. That's why we regularly consult with specialists, economists, and life care planners to fully understand and present the long-term impact.

What Counts as a Bodily Injury?

Bodily injury includes any physical harm to your body that’s caused by trauma, force, or exposure during an accident. But for legal purposes, not every injury qualifies. The injury must be diagnosed, tied to the event in question, and shown to cause real physical and financial harm.

Here’s what typically qualifies:

• Soft tissue injuries like sprains, torn ligaments, or whiplash. Though often considered “minor,” they can lead to long-term pain or loss of mobility.
• Broken bones or fractures, which may require surgery, casting, or physical therapy. Insurance companies often dispute the long-term impact of healed fractures unless well-documented.
• Head injuries and brain trauma, including concussions, cognitive impairment, and memory loss. These claims may rely heavily on neurologists or neuropsychological testing.
• Spinal cord injuries, including herniated discs or paralysis. These cases often involve long-term care and major life modifications.
• Burns and scarring, may be physically and emotionally damaging. These claims may also include compensation for disfigurement.
• Amputations or loss of limb function, which usually require complex prosthetics, adaptive equipment, and ongoing occupational therapy.

A key part of the claim involves showing not only what the injury is, but how it has changed your ability to work, care for yourself, or enjoy life. 

For example, a wrist fracture might seem minor until you explain that it prevents you from using your dominant hand, which could affect a job, a hobby, or basic daily tasks. This is why strong medical records, doctors’ notes, and functional assessments are essential from the start.

What You Must Prove to Win a Bodily Injury Claim

To successfully claim bodily injury compensation, you’ll need to show more than the fact that you were hurt. The law requires proof that someone else was legally responsible, and that their actions and not some unrelated cause led directly to your injury. Without this connection, your claim may be denied or dismissed.

Most bodily injury claims must establish four core elements:

• Duty of care: The at-fault party had a legal obligation to act safely, such as a driver obeying traffic laws or a manufacturer producing safe products
• Breach of duty: They failed to meet that obligation, such as by speeding, running a red light, or selling a defective product
• Causation: Their actions directly caused the injury; there must be a clear link between their behavior and your harm
• Damages: You suffered actual losses, such as medical bills, income loss, or long-term physical limitations

Proving each element requires good evidence, not assumptions or speculation. This is where accident reports, medical records, photographs, eyewitness accounts, and sometimes expert testimony all come into play. 

In complex or high-value claims, attorneys may also work with vocational experts or life care planners to explain the broader impact of the injury on your life.

What to Do Immediately After a Bodily Injury

The steps you take after an accident can shape the entire outcome of your bodily injury claim. Early mistakes, like refusing medical care or giving statements to insurance adjusters, can weaken your case before it begins. Protecting your health and your rights starts with being intentional about what you do next.

Right after an injury, make sure to:

Hire a personal injury lawyer as early as possible

An experienced attorney can secure evidence, handle communications with insurers, and begin building your claim right away. Early legal guidance can prevent mistakes that weaken your case before it even begins.

Keep every medical appointment and follow your treatment plan

Insurers often use missed appointments, skipped therapies, or inconsistent care to downplay the seriousness of your injuries. A consistent record of treatment helps demonstrate that your condition is real and ongoing.

Document your recovery through a written or video journal

Record your pain levels, physical limitations, emotional changes, and daily struggles. These firsthand accounts can powerfully show how your injury is affecting your life in ways medical records don’t always capture. Doing this provides strong support for your pain and suffering damages.

Avoid speaking with insurance adjusters or signing paperwork

Insurance representatives may seem cooperative, but their goal is to limit what they pay. Do not provide recorded statements or agree to anything in writing without talking to your lawyer first.

These simple but essential steps help create a timeline that ties your injuries directly to the accident and shows the full scope of your recovery efforts.

How Insurance Companies Handle Bodily Injury Claims

Bodily injury claims often involve negotiations with insurance companies, and that process is rarely straightforward. Insurers maximize their profits by minimizing their payouts, which means they may actively look for reasons to reduce your claim’s value. The larger the potential damages, the more likely they are to challenge your injuries, shift blame, or drag out the process.

Common ways insurance companies try to lower their liability include:

• Questioning whether the injury is related to the accident
• Blaming a pre-existing condition or prior injury
• Pressuring you to accept a low settlement early
• Using surveillance or social media to dispute the severity of your condition

These strategies work when claimants aren’t prepared or don’t have representation. Many valid claims get underpaid simply because the injured person didn’t know what their case was worth or how to fight back against pressure tactics. That’s where skilled legal help makes a significant difference.

How Compensation Is Calculated in Bodily Injury Claims

There is no flat rate for bodily injury compensation. Instead, every claim is evaluated based on the nature of the injury, its impact on your daily life, and the financial burden it has caused or will cause in the future.

Your total damages may include:

• Medical expenses, both past and future, including surgeries, rehab, home health care, and medications
• Lost income, including wages missed during recovery and projected loss of future earnings
• Pain and suffering, which includes physical pain, emotional distress, loss of enjoyment, and mental trauma
• Loss of consortium, when injuries interfere with your relationship with a spouse or partner
• Permanent disability or disfigurement, which may affect long-term independence or quality of life

In cases involving catastrophic injuries, attorneys often partner with medical specialists, vocational experts, and financial professionals to build a strong, evidence-based valuation of your case. This ensures you’re not shortchanged by estimates that only reflect short-term costs.

Legal Deadlines for Filing a Bodily Injury Claim

Bodily injury claims are limited by law, not just in what you can recover, but also in how much time you have to take legal action. Every state has a statute of limitations that sets the legal deadline for filing a personal injury lawsuit.

Most states allow two to three years from the date of the injury, but these deadlines may be as short as a year in some states and as long as six years in others. Most states also have exceptions that may apply to your case. For instance:

• If the injured person was a minor, the clock may pause until they turn 18.
• If the injury was not discovered right away, the deadline might start from the date of diagnosis.
• Claims against government entities often have very short deadlines, sometimes as little as 180 days to file a formal notice.

Missing a deadline is one of the most common and irreversible errors in bodily injury cases. That’s why early legal guidance is often the key to protecting your right to recover damages.

Getting Help from Gallagher & Kennedy

If you suffered a serious bodily injury, you don’t need to handle the legal process on your own. Gallagher & Kennedy has been helping accident victims for more than 45 years, building a reputation for taking on high-stakes personal injury cases — and delivering results.

We are one of the most accomplished law firms in Arizona and New Mexico, and we back every case we handle with over 275 years of combined experience. Our team has secured hundreds of millions in verdicts and settlements for clients across Phoenix, Santa Fe, and beyond, with a long track record of results and a history of client satisfaction.

Call Gallagher & Kennedy today at (602) 530-8400 or contact us online to schedule your free consultation. We’re ready to hear your story and fight for your future.