Personal injury law: Overview

Personal injury law encompasses legal disputes that arise when one person suffers harm from an accident or injury and seeks compensation from the person who may be legally responsible for that harm.

Not all personal injury cases are formalized through civil court proceedings. Many disputes are resolved through settlement negotiations before a lawsuit is filed.

Most personal injury cases are based on the legal concept of negligence. Negligence is defined as the failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, and/or property damage.

It is accepted that some accidents cannot be avoided, which means a plaintiff must establish liability in order to win their personal injury lawsuit. This is done by proving that a reasonably careful person in the defendant’s position would have acted differently.

Examples of negligence include:

• A distracted or drunk driver who causes a car accident.
• An unsafe crosswalk that leads to a pedestrian being hit by a car and becoming paralyzed.
• A dog bite caused by a vicious dog that is allowed to roam free.
• A store owner who fails to fix the floor, resulting in a slip and fall.
• A doctor whose carelessness leads to medical complications.

Types of personal injury cases

There are many types of personal injury cases. Some of the most common include:

Vehicle accidents:

Slip and fall accidents:

Medical malpractice

Other types of accidents

Personal injury damages: How much is my claim worth?

Personal injury compensation is comprised of two types of damages: compensatory and punitive.

Compensatory damages are the most common form of damages in personal injury claims, and are intended to compensate the victim for their loss.

In general, a person found liable for an accident may be ordered to pay compensatory damages for:

• Medical bills and related expenses;
• Missed work time or other lost income;
• Pain and physical suffering;
• Loss of enjoyment of life (family, social, educational experiences);
• Loss of consortium (damage to your relationship with your spouse or children);
• Permanent disability or disfigurement;
• Property damage;
• Wrongful death; and
• Emotional distress caused by any of the above.

Punitive damages are intended to punish the wrongdoer and are awarded in personal injury cases only in which serious injury or loss of life was caused by extreme negligence.

Get a free personal injury case evaluation

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!