What Is a Personal Injury Case?

A personal injury case is a legal contest, usually between private parties, in which one side is seeking money damages from the other side as compensation for injuries. Personal injury cases are based on state "tort" law. A tort is a "legal wrong." A person or group of persons who bring a personal injury case (known as plaintiffs) are alleging that they were emotionally or physically harmed due to the negligence or intentional conduct of the other party (known as defendants).

Typical Types of Cases

The most common types of personal injury cases are those based on claims of negligence and typically involve car accidents, slip-and-falls and medical malpractice. There are also "intentional" torts, including trespass, defamation of character, battery and assault and theft of trade secrets or copyrights.

What Does a Plaintiff Have to Prove to Win the Case?

Under the law of negligence, a plaintiff must prove that the 1) defendant owed him or her a duty to act reasonably and safely, 2) that the defendant breached that duty, and 3) that the plaintiff suffered harm as a result of the defendant's negligence.

What Is Negligence?

Negligence under the law means acting in a way that fails to conform with a specific standard of conduct, thereby putting others at risk for injury. Some examples include speeding on an icy roadway, failing to caution customers that your store floor is wet or firing a gun recklessly.

How Much Money Can I Recover?

If your case is tried in court and you win, a judge or jury could award you damages to compensate you for lost wages, medical expenses, pain and suffering and, in some cases, additional damages as a way of punishing the defendant for their flagrantly negligent conduct. Most states now have caps on the amount of damages plaintiffs can receive.

What Does it Cost to Bring a Personal Injury Case?

Lawyers do not charge clients up front for legal fees associated with bringing a personal injury case. They get paid a portion of whatever the client wins, plus legal expenses (usually one-third of a plaintiff's damage award plus expenses).

Will My Case Go to Trial?

Many so-called "frivolous" cases are thrown out by a judges before the case gets too far along. And, due to the high costs of litigation, most cases are settled out of court and do not result in a court trial.

Time Frame

Under the law in most states, plaintiffs have two years from the time of the injury to file a personal injury case.