Personal injury law is the area of civil law that allows a person harmed by another person or organization to seek compensation. It falls within tort law, which covers civil wrongs that cause injury or loss. Personal injury claims may involve physical injuries, emotional harm, psychological harm, and related financial losses.
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Personal injury cases often involve negligence, but they may also be based on intentional misconduct or strict liability.
Personal Injury Law at a Glance
| Question | Short answer |
|---|---|
| What does personal injury law do? | Provides a civil remedy for harm caused by another party |
| What is the most common legal theory? | Negligence |
| What can an injured person recover? | Medical costs, lost income, pain and suffering, and other legally recognized losses |
| Who may be responsible? | An individual, business, employer, property owner, manufacturer, or other organization |
| What standard of proof applies? | Usually the preponderance of the evidence standard, meaning more likely than not |
| Is there a deadline? | Yes. The statute of limitations depends on the state, claim, and defendant |
What Types of Cases Are Covered by Personal Injury Law?
Common personal injury claims include:
- Car, truck, motorcycle, and pedestrian accidents
- Slip-and-fall and other premises liability cases
- Dog bites and animal attacks
- Defective products
- Medical malpractice
- Workplace injuries involving a third party
- Assault and other intentional physical harm
- Wrongful death claims
A personal injury case may involve bodily harm, property damage, or both. For example, a vehicle collision may lead to claims for physical injuries, medical bills, lost wages, and vehicle damage.
Some claims follow additional rules. Workplace injuries may fall under workers' compensation. Medical malpractice claims may have separate filing requirements and evidence rules. The correct legal category depends on what happened, who caused the harm, and the law of the relevant state.
How Does Negligence Work in a Personal Injury Case?
Negligence means failing to use the level of care that a reasonable person would use in similar circumstances. A negligent act may involve doing something carelessly or failing to act when a legal duty required action.
A typical negligence claim requires proof of five connected facts:
- Duty: The defendant owed the injured person a legal duty of care.
- Breach: The defendant failed to meet that duty.
- Actual cause: The injury would not have happened without the defendant's conduct.
- Legal or proximate cause: The injury was a reasonably connected result of the conduct.
- Damages: The injured person suffered a legally compensable loss.
For example, drivers generally owe other road users a duty to operate their vehicles safely. A driver who runs a red light and injures another person may be liable if the injured person can prove that the driver's conduct caused the accident and resulting losses.
An injured person may still have a claim if they were partly responsible for what happened. Many states use comparative-fault rules, which reduce compensation according to the injured person's percentage of responsibility. The rule varies by state.
Are All Personal Injury Cases Based on Negligence?
No. Personal injury law includes several types of tort claims:
- Negligence: Harm caused by a failure to act with reasonable care.
- Intentional tort: Harm caused deliberately, such as assault or battery.
- Strict liability: Liability that may apply without proof of negligence, including some defective-product and unusually dangerous-activity claims.
The legal theory matters because each type of claim has different elements that the plaintiff must prove.
What Compensation Can a Personal Injury Claim Provide?
Compensation in a personal injury case is called damages. Damages are intended mainly to compensate the injured person for legally recognized losses.
Potential damages may include:
- Emergency treatment and medical bills
- Rehabilitation and future medical care
- Lost wages
- Reduced future earning capacity
- Property damage
- Physical pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of normal activities or quality of life
Economic losses, such as medical bills and lost income, are often supported by records and other documents. Non-economic losses, such as pain and emotional distress, are harder to calculate and may depend on the evidence and applicable state law.
Punitive damages may be available in some cases involving especially reckless or wrongful conduct. Unlike compensatory damages, punitive damages are intended to punish and deter serious misconduct rather than reimburse ordinary losses.
What Is the Burden of Proof?
A personal injury plaintiff generally must prove the case by a preponderance of the evidence. This means the evidence must show that the defendant was responsible for the injury more likely than not. The standard is lower than "beyond a reasonable doubt," which applies in criminal prosecutions.
Evidence may include:
- Medical records and bills
- Photographs or video of the accident and injuries
- Police or incident reports
- Witness statements
- Employment and wage records
- Expert opinions
- Physical evidence
- Messages, emails, and other documents
How Does a Personal Injury Claim Usually Proceed?
A personal injury matter may follow this general path:
- Medical treatment and documentation: The injured person obtains treatment and records the injury and related expenses.
- Investigation: The parties collect evidence about what happened, who was responsible, and the extent of the losses.
- Insurance claim or settlement negotiations: The injured person may seek payment from an insurer or the responsible party.
- Lawsuit: If the dispute is not resolved, the plaintiff files a complaint explaining the injury, the defendant's conduct, and the requested relief.
- Discovery: The parties exchange evidence, identify witnesses, and may take depositions.
- Settlement, trial, or dismissal: The case may resolve through settlement or proceed to a judge or jury if no agreement is reached.
A settlement usually involves payment in exchange for ending the claim. The injured person commonly signs a release giving up further claims related to the injury. The terms should be understood before the release is signed.
How Long Do You Have to File a Personal Injury Lawsuit?
The filing deadline is called the statute of limitations. There is no single nationwide deadline for every personal injury claim. The deadline may depend on:
- The state where the injury occurred
- The type of claim
- The identity of the defendant
- Whether the defendant is a government entity
- When the injury was discovered
- Whether a legal rule pauses or extends the deadline
Missing the deadline can result in dismissal of the claim. California, for example, generally gives a person two years to file an ordinary personal injury lawsuit. That deadline does not apply to every state or every type of case. Claims against government entities and medical malpractice claims may have different requirements.
How Is Personal Injury Law Different From Criminal Law?
Personal injury law is civil law. A civil case usually seeks money or another legal remedy for the injured person. A criminal case is brought by the government and seeks punishment for an alleged offense.
The same event can lead to both types of cases. For example, an assault may result in criminal charges and a separate civil claim for medical costs, emotional harm, and other damages. A criminal conviction is not always required for a civil personal injury claim.
What Should You Do After an Injury?
If another person or organization may be responsible:
- Seek appropriate medical care.
- Keep medical bills, records, prescriptions, and treatment instructions.
- Photograph injuries, vehicles, property damage, and the accident scene.
- Obtain contact information for witnesses.
- Preserve relevant messages, video, reports, and other evidence.
- Avoid posting detailed statements about the incident on social media.
- Do not sign a settlement release until you understand which rights it affects.
- Identify the filing deadline in the applicable state as soon as possible.
The specific rules depend on the state and the facts of the incident. A person with an actual injury should seek legal advice based on both.