Personal Injury
Negligence, product liability, medical malpractice, auto accidents, and wrongful death claims.
Overview
Personal injury law (tort law) provides a legal framework for individuals who have been physically or psychologically harmed due to the negligence or wrongful conduct of another party. The primary goal is to make the injured person 'whole' through monetary compensation for their losses, including medical expenses, lost wages, pain and suffering, and other damages.
The foundation of most personal injury claims is negligence — the failure to exercise reasonable care that results in harm to another person. To establish negligence, a plaintiff must prove four elements: duty of care, breach of that duty, causation (both factual and proximate), and damages. Other theories of recovery include strict liability (particularly for defective products and abnormally dangerous activities), intentional torts (assault, battery, intentional infliction of emotional distress), and premises liability.
Personal injury cases are typically handled on a contingency fee basis, meaning the attorney receives a percentage of the recovery (usually 33-40%) and the client pays no upfront legal fees. Most personal injury claims are resolved through negotiation and settlement rather than trial. When cases do go to trial, juries determine both liability and the amount of damages. Some states cap non-economic damages (pain and suffering) in certain types of cases, particularly medical malpractice.
Key Statutes
Federal Tort Claims Act (FTCA)
28 U.S.C. § 1346(b), §§ 2671-2680
Waives federal sovereign immunity for certain tort claims against the U.S. government, allowing individuals to sue for injuries caused by federal employees.
Restatement (Third) of Torts
ALI Restatement
Influential legal treatise providing guidance on tort law principles including negligence, strict liability, and products liability.
Consumer Product Safety Act
15 U.S.C. § 2051 et seq.
Establishes product safety standards relevant to product liability claims involving consumer products.
National Childhood Vaccine Injury Act
42 U.S.C. § 300aa-1 et seq.
Created the Vaccine Injury Compensation Program (VICP) as a no-fault alternative to litigation for vaccine-related injuries.
Key Cases
Palsgraf v. Long Island Railroad
162 N.E. 99 (N.Y. 1928)
Landmark negligence case establishing that a defendant owes a duty of care only to foreseeable plaintiffs — those within the zone of danger.
Greenman v. Yuba Power Products
59 Cal.2d 57 (1963)
Established the doctrine of strict product liability, holding manufacturers liable for defective products regardless of fault.
BMW of North America v. Gore
517 U.S. 559 (1996)
Established due process limits on punitive damages, providing guideposts for reviewing the constitutionality of large punitive awards.
Daubert v. Merrell Dow Pharmaceuticals
509 U.S. 579 (1993)
Established the standard for admissibility of expert testimony in federal courts, critical for scientific evidence in personal injury cases.
Key Regulations
OSHA Workplace Safety Standards
Occupational Safety and Health Administration
Workplace safety regulations relevant to workplace injury claims and employer negligence.
NHTSA Motor Vehicle Safety Standards
National Highway Traffic Safety Administration
Federal motor vehicle safety standards relevant to auto accident and product liability claims.
FDA Drug and Device Regulations
Food and Drug Administration
Drug and medical device approval and safety regulations relevant to pharmaceutical and medical device liability.
Common Forms
Frequently Asked Questions
What is the statute of limitations for personal injury?
The statute of limitations varies by state, typically ranging from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota). Most states have a 2-3 year statute of limitations for personal injury claims. The 'discovery rule' may extend the deadline in cases where the injury was not immediately apparent. Special rules apply to claims involving minors, government entities, and medical malpractice.
What damages can I recover in a personal injury case?
Compensatory damages include economic damages (medical bills, lost wages, future medical costs, loss of earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life). In cases involving egregious conduct, punitive damages may also be awarded to punish the defendant and deter similar behavior. Some states cap non-economic or punitive damages.
What if I was partly at fault for my injury?
States follow different comparative fault rules. 'Pure comparative fault' states (like California) allow recovery reduced by your percentage of fault. 'Modified comparative fault' states bar recovery if you are 50% or 51% or more at fault (depending on the state). A few states still follow 'contributory negligence,' where any fault by the plaintiff bars recovery entirely (Alabama, Maryland, North Carolina, Virginia, D.C.).
Recent Developments
Personal injury law is evolving with mass tort litigation over PFAS contamination, social media harm to minors, opioid manufacturer liability, and Camp Lejeune water contamination claims under the PACT Act. Courts are also addressing liability for injuries caused by autonomous vehicles, AI-driven medical devices, and e-commerce product liability (whether online platforms can be held liable for defective third-party products). Litigation funding (third-party financing of lawsuits) continues to grow and faces increasing regulatory scrutiny.
State Variations
Tort law varies dramatically by state. Key differences include statutes of limitations, comparative fault rules (pure vs. modified vs. contributory negligence), damage caps (particularly for medical malpractice and punitive damages), joint and several liability rules, and tort reform measures. Some states require pre-suit mediation or arbitration for certain claims. Texas, for example, has strict medical malpractice caps, while California has no cap on economic damages. States also differ in their treatment of non-economic damages, collateral source offsets, and structured settlements.