What Is A Personal Injury?

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Personal Injury Guide

Your Guide to Personal Injury Ebook

Fill out the form for a downloadable PDF version of the guide you can reference later.

* This general summary of the law and your rights is not intended to be a substitute for personal legal advice from a lawyer about the facts and circumstances of your case. Please see a lawyer for answers to your specific questions.

A Personal injury is defined as any injury to the body, emotional state or mind. 

These claims are filed against the person that caused harm because of his or her negligence, intentional misconduct, strict liability or reckless conduct.

There may be a variety of damages awarded in a personal injury case, such as: 

  • Payment for medical bills
  • Diminished quality of life
  • Pain and suffering 
  • Lost wages

Past, present and future damages may be awarded if the evidence justifies them.

In order for a party to be legally liable for damages, these elements must be proved:

  • The party breached a duty
  • The party’s breach of duty caused the victim to be harmed
  • The party had a duty to act reasonably and carefully
  • The victim suffered monetary and/or non-monetary damages due to the harm suffered

The amount of compensation depends on the severity of the injury. Serious injuries which result in substantial medical expenses and cause physical pain and suffering and loss of enjoyment of life (like brain damage, broken bones and severed limbs), receive the highest settlements or jury verdicts.

Common Types of Personal Injury Cases

Other personal injury cases include:

  • Brain injuries
  • Catastrophic injuries/wrongful death
  • Class action lawsuits
  • Fires and explosions
  • Intentional acts
  • Motocycle Accidents
  • Pedestrian Accidents
  • Plane crashes
  • Professional Negligence
  • Railroad Crossing Accidents

Do I need a lawyer? To determine if you or a loved one have a personal injury case, ask yourself:

  1. Did you suffer a personal injury and not property damage?
  2. Were your injuries caused by conduct and actions of another person, firm or corporation?
  3. Do you have recoverable damages (the amount of money to which a plaintiff is entitled)?
  4. Have you suffered from personal or financial harms that should be compensated by monetary damages?

If you answered yes to all of these questions, you may attain compensation for your injuries by filing a personal injury lawsuit.

Personal Injury Myths

There are many myths and misconceptions about personal injury law:

  1. MYTH ONE: It is going to cost me a lot of money to talk to a personal injury lawyer and even more to hire one.
  2. MYTH TWO: My insurance will cover all of my costs if I am injured.
  3. MYTH THREE: The person responsible for my injuries will have to pay out of pocket.
  4. MYTH FOUR: I think I only have minor injuries; it isn’t worth talking to a lawyer.
  5. MYTH FIVE: Personal injury cases are long and drawn out.
  6. MYTH SIX: I am guaranteed compensation to cover my losses.
  7. MYTH SEVEN: The police will determine who is at fault.

“I thought I was going to be stuck and lose what I worked so hard for to support my family. Jim never gave up. He continually helped me”

Daniel Castleberry