Personal injury claims are legal disputes that arise when an individual suffers harm from an accident or injury caused by the negligence or intention of another individual or party.  A personal injury case can become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed.

Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (plaintiff) files a civil charge against another individual, business, corporation, or government agency (defendant), alleging that their negligent or careless actions caused the plaintiff to sustain injury or harm.

Most personal injury disputes are resolved through an informal settlement, usually between those involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any legal recourse, opting instead to resolve the dispute through an acceptable monetary arrangement.

What financial compensation am I entitled to in a personal injury claim?
Personal Injury victims are entitled to recover monetary damages for all losses and expenses they incur as a result of an accident. The damages may include

• Medical bills
• Lost Wages (including overtime)
• Pain & Suffering
• Physical Disability
• Disfigurement
• Permanent Scars
• Emotional Trauma
• Mental Anguish
• Loss of Enjoyment
• Loss of Love & Affection
• Embarrassment
• Mental Disability
• Property Damage

I think I’ve been defamed, how can I prove it?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring a defamatory action if the comments are so reprehensible and false that they affect your reputation in the community or cast aspersions on you.

What are the elements of a defamation claim?
The party making a defamation claim (plaintiff) must ordinarily prove three elements:

1. a publication to one other than the person defamed

2. a false statement of fact that is understood as:

a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff

3. If the plaintiff is a public figure, he or she must also prove actual malice

May someone other than the person who originally made the defamatory statement be legally liable in defamation?
One who "publishes" a defamatory statement may be liable. However, 47 U.S.C. sec. 230 says that online service providers are not publishers of content posted by their users. Section 230 gives most ISPs and message board hosts the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. Most ISPs and message board hosts also post terms of service that give them the right to delete or not delete messages as they see fit, and such terms have generally been held enforceable under law.