Core pillar of injury laws and common questions answered
Overview: What is personal injury?
"Personal injury" is a type of tort lawsuit in which the person suing (the "plaintiff") has suffered physical, emotional or financial harm due to the actions of the person being sued (the "defendant").
Negligence is the most common cause of personal injury. Types of personal injury negligence include gross negligence, reckless conduct, intentional misconduct and, in rare cases, strict liability.
Every personal injury claim has two basic issues: liability and financial compensation. The financial costs a plaintiff can recover are known as "damages," which typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Personal injury guides
Are you or a loved one still reeling after an accident? You need real answers to help you deal with real life challenges facing your recovery. Get started here to learn about the core pillars of personal injury law and the common questions surrounding them.
I've been hurt. Now what?
Do I have a claim?
- Loss of consortium: Affection, companionship, and love
- What is personal injury law?
- Personal injury myths - what you need to know
- Do I have a legal case?
- What if I witnessed a traumatizing event?
- Negligence and how it is determined
- Causation and negligence cases
- Comparative negligence, contributory negligence and determining fault
- What is liability?
- Determining causation in a personal injury case
- The "reasonable person" standard
- Fault vs. no fault in a personal injury case
- What is a Qui Tam lawsuit?
- What’s the Meaning of Res Ipsa Loquitur?
- What is gross negligence?
- Subrogation: What it is and how it might impact your personal injury claim
- What is Qualified Immunity?
- Vicarious liability in personal injury cases
- Assumption of risk can prevent a plaintiff from receiving damages
How do I find a lawyer?
- Choosing a personal injury attorney – interview questions
- How to talk to a lawyer
- Preparing to meet with a personal injury attorney
- When do you need a lawyer?
- When do you NOT need an attorney after an accident?
- Why might a personal injury lawyer decline my case?
- Pro bono legal services – does your case qualify?
- Find a lawyer in your state
- How to fire your attorney & protect your legal rights
- “Ambulance chasing” is illegal in 21 states. Is yours included?
- Lawyer advertising rules and regulations
- Ten warning signs you might have the wrong lawyer
- Why does a lawyer choose to take your case (or not)?
How does a civil lawsuit work?
- Strict liability and how it impacts your personal injury claim
- Plaintiff vs. defendant — Learn the difference
- Common law vs. civil law: how laws are made in the courts
- What are punitive damages?
- Types of personal injury compensation
- The claims process and how long a personal injury lawsuit takes
- Is there a time limit for personal injury compensation claims? (statute of limitations)
- Class action lawsuits
- Class actions, mass torts, MDLs: what's the difference?
- Understanding your rights following an intentional tort
- Switching attorneys in the middle of a case
- Jurisdiction: Accidents that involve multiple states
- Multidistrict litigation (MDLs)
- Difference between injury settlement and an injury judgment
- Mediation, arbitration, going to court - what's best?
- Out of court settlement agreements for personal injury cases
- Settle out of court with a payment demand letter
- All about mediation
- Calculating loss of wages
- How damages are calculated
- How is pain and suffering calculated
- Limits/caps on damages and what this could mean for your personal injury case
- 6 steps to writing an effective payment demand letter
- Before you sign a confidentiality clause - what you need to know
- What to do if a personal injury lawsuit is filed against you
- What does Esquire mean as a title?
- What is the Burden of Proof in a personal injury case?
- Statutes of repose Vs. Statutes of limitation
- Guide to the personal injury appeals process
- Understanding the most common motions in personal injury cases
- Common rules, doctrines, and concepts in personal injury law
- Family and parental immunity doctrine in personal injury law
- Step-by-step guide to Pro Se representation