How Do I Know If I Have a Personal Injury Claim?


A personal injury claim can help you get compensation for injury to your body, mind, or spirit. It can be filed when your injuries are due to the negligence of another individual or group. The compensation you can get will depend on the circumstances of your case.

This page contains some background information about evaluating your personal injury claim, but the best way to know if you have a claim is to talk to a lawyer about the circumstances of your case. Please call (855) 862-7258 or email Findlay Personal Injury Lawyers for a free consultation in Hamilton, Burlington, Brantford, Niagara Falls, St. Catharines, or elsewhere in Ontario.

Did You Suffer an Injury?

The first question you must ask is whether you suffered an actual injury. If you were not injured, then you cannot pursue a personal injury claim. Personal injuries of course include physical injuries like:

But personal injury also includes psychological and emotional injuries such as:

  • Pain and suffering
  • Trauma
  • Loss of companionship (for wrongful death)
  • Diminished quality of life
  • Disfigurement

These injuries can be harder to document – often requiring the skill of an experienced personal injury lawyer to properly assess – but they are just as real as physical injuries.

Who Is Negligent?

The next important question to ask about your personal injury lawsuit is whether someone else’s negligence or wilful misconduct is responsible for your injuries. Sometimes, you can point to a specific action or failure to act that caused your injury. In this case, it’s easy to identify the parties responsible.

Other times you may not be able to point to a specific act that led to injury, but you can demonstrate that a party is strictly liable for your safety in certain situations. This is applicable to injuries due to a defective product – where manufacturers are strictly liable for the safety of their products – and dog bite cases, where the dog owner is responsible injuries even when no negligence can be proven.

Do You Have Recoverable Damages?

Not all injuries result in significant damages that can be pursued with a personal injury claim. Types of damages that can be pursued with a personal injury claim include:

  • Medical bills
  • Lost wages
  • Disability and diminished earning capacity
  • Pain and suffering
  • Disfigurement, loss of companionship, and other aspects of diminished quality of life

The amount and type of damages you can pursue and receive vary depending on the circumstances in your case. You may be able to say that you have some damages, but may not know how much–that’s okay, experienced personal injury attorneys have the experience to predict what value a jury might put on the personal aspects of your injury.

To learn more about whether you might have a reasonable personal injury claim, please contact Findlay Personal Injury Lawyers online or call (855) 862-7258 for a free case evaluation today. Our attorneys welcome clients from Hamilton, Brantford, Burlington, Niagara Falls, St. Catharines, and other areas of Ontario.