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Personal Injury

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Personal injury law is the broad area of law that allows a person who is hurt because of someone else's wrongful conduct to seek compensation. It covers a wide range of situations — vehicle crashes, falls on unsafe property, defective products, animal attacks, medical harm, and more — and serves as the foundation for many narrower injury practice areas.

Most personal injury claims are based on negligence: the failure to use the level of care a reasonable person would use under similar circumstances. To recover, an injured person generally must show that another party owed them a duty of care, breached it, and caused real harm as a result. Some claims instead involve intentional wrongdoing or, in certain situations, responsibility that does not depend on proving carelessness. Compensation, often called damages, can include medical expenses, lost income, future care needs, and pain and suffering.

For a non-lawyer, several concepts are useful: the role of insurance in resolving many claims, the way a person's own share of fault can reduce or affect recovery in many places, and the existence of time limits for bringing a claim. Many personal injury lawyers work on a contingency-fee basis. People commonly seek legal help when injuries are serious, fault is disputed, an insurer denies or undervalues a claim, or the long-term consequences of an injury are significant.

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Sub-practice areas

More specific practice areas within Personal Injury — narrower topics that fall under it, each with its own page.

Related practice areas

Medical Malpractice LawWorkers Compensation Law

Primary law

The governing U.S. Code, statutes and founding documents for Personal Injury.

Key definitions

Defined terms that recur in personal injury — each links to its dictionary entry.

TortNegligenceDamagesProximate CauseLiabilityComparative NegligenceStatute of LimitationsBatteryAssaultContributory NegligenceRespondeat Superior

Frequently asked questions

Personal Injury by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • A Cup Of Coffee With 10 Of The Top DUI Attorneys In The United States: Valuable insights you should know if you are charged with a DUI - Paperback
    A Cup Of Coffee With 10 Of The Top DUI Attorneys In The United States: Valuable insights you should know if you are charged with a DUI - Paperback
    Randy Van Ittersum
  • A Practical Guide to the Law in Relation to Presumption of Death and Guardianship Orders - Paperback
    A Practical Guide to the Law in Relation to Presumption of Death and Guardianship Orders - Paperback
    Nicola Phillipson
  • Sue the Bastards!! Your Guide to Huge Cash - Paperback
    Sue the Bastards!! Your Guide to Huge Cash - Paperback
    James Shapiro
  • I Hope We Never Meet: Client Stories of Tragedy, Recovery, and Accountability from a Life in Deterrence Law - Hardcover
    I Hope We Never Meet: Client Stories of Tragedy, Recovery, and Accountability from a Life in Deterrence Law - Hardcover
    Andrew Finkelstein
  • The Widow Wave: A True Courtroom Drama of Tragedy at Sea - Paperback
    The Widow Wave: A True Courtroom Drama of Tragedy at Sea - Paperback
    Jay W. Jacobs
  • A Practical Guide to Claims Arising from Fatal Accidents - 2nd Edition - Paperback
    A Practical Guide to Claims Arising from Fatal Accidents - 2nd Edition - Paperback
    James Patience
  • How to Successfully Litigate a Personal Injury Case: A Practical Guide - Paperback
    How to Successfully Litigate a Personal Injury Case: A Practical Guide - Paperback
    Andrew J. Smiley Esq
  • Low Velocity Impacts in Road Traffic Accidents: Law and Practice - Paperback
    Low Velocity Impacts in Road Traffic Accidents: Law and Practice - Paperback
    Jake Rowley
  • Death by Rental Car: How The Houck Case Changed The Law - Paperback
    Death by Rental Car: How The Houck Case Changed The Law - Paperback
  • A Practical Guide to Respirable Crystalline Silica Dust Claims - Paperback
    A Practical Guide to Respirable Crystalline Silica Dust Claims - Paperback
    Helen Pagett
  • A Practical Guide to Clinical Negligence - Third Edition - Paperback
    A Practical Guide to Clinical Negligence - Third Edition - Paperback
    Geoffrey Simpson-Scott
  • A Guide to Consent in Clinical Negligence Post-Montgomery - Paperback
    A Guide to Consent in Clinical Negligence Post-Montgomery - Paperback
    Lauren Sutherland Qc
  • Never Settle for Less: 10 Trucking Case Truths You Need to Know (That Your Insurance Company Will Never Tell You) - Paperback
    Never Settle for Less: 10 Trucking Case Truths You Need to Know (That Your Insurance Company Will Never Tell You) - Paperback
    Dino Colombo
  • Winning Personal Injury Cases: A Personal Injury Lawyer's Guide to Compensation in Personal Injury Litigation - Paperback
    Winning Personal Injury Cases: A Personal Injury Lawyer's Guide to Compensation in Personal Injury Litigation - Paperback
    Evan Aidman
  • A Practical Guide to Costs in Personal Injury Claims - 2nd Edition - Paperback
    A Practical Guide to Costs in Personal Injury Claims - 2nd Edition - Paperback
    Matthew Hoe
  • How to Win Your Personal Injury Claim - Paperback
    How to Win Your Personal Injury Claim - Paperback
    Joseph Matthews
  • The Future of Open Data - Paperback
    The Future of Open Data - Paperback
  • Litigation to Life: An Injury Victim's Guide to Navigating the Settlement Process - Paperback
    Litigation to Life: An Injury Victim's Guide to Navigating the Settlement Process - Paperback
    Jason D. Lazarus
  • Trial Manual Of Personal Injury Laws, Illinois - Paperback
    Trial Manual Of Personal Injury Laws, Illinois - Paperback
    James Albin Farmer
  • A Practical Guide to the Court of Protection - Paperback
    A Practical Guide to the Court of Protection - Paperback
    Holly Chantler
  • Handling a Personal Injury Auto Accident Claim from Car Wreck to Settlement Check: An Attorney Training Manual That Goes Step by Step Through a Mock P - Paperback
    Handling a Personal Injury Auto Accident Claim from Car Wreck to Settlement Check: An Attorney Training Manual That Goes Step by Step Through a Mock P - Paperback
    Clarence B. Leatherbury
  • A Practical Guide to Asbestos Claims - Paperback
    A Practical Guide to Asbestos Claims - Paperback
    Jonathan Owen
  • A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims - Paperback
    A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims - Paperback
    Rebecca Greenstreet
  • Ellis on Credit Hire - Seventh Edition - Paperback
    Ellis on Credit Hire - Seventh Edition - Paperback
    Aidan Ellis

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.