Understand tort liability, civil personal injury claims, negligence standards, intentional torts, and statutes of limitations.
States apply fundamentally different fault allocation models: pure comparative fault, modified comparative fault, or pure contributory negligence (which bars recovery if plaintiff is even 1% at fault).
Personal injury law (tort law) allows individuals physically or psychologically harmed by the negligence, recklessness, or intentional acts of others to seek financial compensation. Tort claims are predominantly civil actions governed by state common law and statutory liability rules, resolving liability for auto accidents, premises liability, medical malpractice, and defective consumer products.
Authoritative treatise synthesizing core common-law rules of negligence, duty, and causation.
Provides waiver of federal sovereign immunity, permitting tort claims against the U.S. government.
Comparative fault framework for allocating liability among multiple tortfeasors.
To prevail, an injured plaintiff must prove: (1) Duty of care, (2) Breach of duty, (3) Causation (actual and proximate), and (4) Measurable Damages.
Comparative negligence reduces recovery by the plaintiff's fault percentage, while pure contributory negligence bars all recovery if the plaintiff is even 1% at fault.
State deadlines range from 1 year (Tennessee, Kentucky) to 3 years (New York, North Carolina), with most states setting a 2-year deadline.
Comparative and contributory negligence are legal doctrines that determine how financial compensation is awarded in personal injury cases when both parties share fault.
A personal injury claim seeks compensation from someone whose careless or wrongful conduct caused you physical, emotional, or financial harm.
Negligence is the failure to use the care a reasonably careful person would use in the same situation. It is the most common basis for personal injury lawsuits.
Negligence is careless conduct that causes harm; an intentional tort is a deliberate act like assault or fraud. The difference affects proof, damages, insurance, and deadlines.
A statute of limitations is the legal deadline for filing a lawsuit or bringing criminal charges. Once it passes, the claim is usually barred for good.
Compensatory damages reimburse the injured party for quantifiable economic losses (medical bills, lost wages) and non-economic harm (pain and suffering, emotional distress).
Punitive damages are awarded only when the defendant's conduct exhibited gross negligence, malice, or intentional wrongdoing, intended to punish the wrongdoer and deter others.
The attorney receives a predetermined percentage of the financial recovery (typically 33% to 40%) only if the case is won or settled; if no recovery is obtained, the client pays no attorney fees.