What Personal Injury Law Covers
Personal injury law is part of tort law — the area of civil law that deals with wrongs that cause harm, other than breaches of contract. It is mostly governed by state law, so rules on fault, damages, and deadlines differ from state to state.
Common types of personal injury cases:
- Motor vehicle, truck, motorcycle, bicycle, and pedestrian accidents
- Slip-and-fall and other premises liability injuries
- Medical malpractice
- Product liability for defective or dangerous products
- Dog bites and animal attacks
- Assault and other intentional harms
- Wrongful death claims brought by family members
Work injuries are usually handled through workers' compensation instead of a lawsuit against the employer, though a claim may still be possible against a third party.
The Three Main Legal Theories
| Theory | What it means | Typical example |
|---|---|---|
| Negligence | Failure to use reasonable care | A driver runs a red light |
| Intentional tort | Deliberate wrongful act | Assault or battery |
| Strict liability | Liability without proof of fault | Defective products; some dog bite and dangerous activity cases |
What You Must Prove in a Negligence Claim
- Duty: The defendant owed you a duty of reasonable care (for example, drivers owe a duty to others on the road).
- Breach: The defendant failed to meet that standard.
- Causation: The breach actually caused your injury and the harm was a foreseeable result.
- Damages: You suffered real losses.
The injured person (the plaintiff) usually must prove these elements by a preponderance of the evidence — meaning it is more likely than not that the claim is true.
Damages You Can Recover
Economic damages (measurable losses):
- Medical bills, past and future
- Lost wages and reduced earning capacity
- Property damage
- Rehabilitation, home care, and other out-of-pocket costs
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (often claimed by a spouse)
Punitive damages are sometimes awarded to punish especially reckless or malicious conduct. Many states cap non-economic or punitive damages, especially in medical malpractice cases.
Shared Fault
If you were partly at fault, your recovery may be reduced or barred depending on your state's rule:
- Pure comparative fault: Your damages are reduced by your percentage of fault.
- Modified comparative fault: You recover reduced damages unless your fault reaches 50% or 51%, depending on the state.
- Contributory negligence: In a few jurisdictions, any fault by you can bar recovery entirely.
How a Claim Usually Unfolds
- Get medical care and follow your treatment plan. Medical records are key evidence.
- Report the incident to police, a property owner, or an employer as appropriate.
- Preserve evidence: photos, videos, witness names, damaged property, and records.
- Notify insurance companies. Be careful about recorded statements to the other side's insurer.
- Negotiate a settlement. Most claims settle with an insurer after treatment is complete or the long-term prognosis is clear.
- File a lawsuit if no fair settlement is reached, and do so before the deadline.
- Discovery, mediation, and trial. Many lawsuits still settle before trial.
Paying for a Lawyer
Most personal injury lawyers work on a contingency fee, usually around one-third of the recovery, and are paid only if you recover money. Ask how case costs are handled and whether the percentage changes if the case goes to trial. Some states cap contingency fees in certain cases.
Insurance and Liens
Health insurers, Medicare, Medicaid, and hospitals may have a lien or right to be reimbursed from your settlement for injury-related bills they paid. These must be resolved before you receive your share. Medicare's interests are protected by federal law, the Medicare Secondary Payer Act.
