Learning the Basics: Personal Injury Law


If you’ve been injured in an accident that wasn’t your fault, you may be wondering how to go about receiving compensation for your injuries. This post is designed to provide the basics of personal injury law, so you can move forward and take action with your case.

Personal injury law covers any type of accident other than a workplace or business accident. These accidents include car accidents, bicycle accidents, dog attack cases (in certain jurisdictions), slip and fall cases, and medical malpractice damage cases. In some states, personal injury cases can be filed when a person is assaulted. When you have been injured in an accident as a result of someone else’s negligence, there are a few general principles that come into play. However, the exact rules of how personal injury law is applied will depend on the jurisdiction where you live. For our purposes, the following principles are general ones that apply to a majority of jurisdictions.

The Basics of Personal Injury:

There are a wide variety of different situations where personal injury rules apply:

  1. Accidents:

These are accidents (not injuries) that result in injury to yourself or another person. The injuries you suffered must be of such a nature that they are likely to continue for some time, even if the circumstances causing the accident were removed.

  1. Intentional Acts:

These are situations where someone intends to cause you harm, and their actions result in your personal injuries. Intentional acts can be civil wrongs or torts, or criminal acts. Many intentional acts are crimes, and some intentional acts may also be civil torts.

  1. Defective Products:

These are situations where a product does not function as it was designed to function, and your injuries were caused by this defect. This could be a defective car part, defective medicine, or even a poorly constructed building. In these situations, the manufacturer is liable for any damages that result from the defect.

  1. Defamation:

These are situations where you were injured by a false statement that was made about you to someone else. This could include statements that were made to your employer if the statements caused you to lose your job or statements about another person on the internet.

Who Makes Personal Injury Laws?

Personal injury laws are made by state legislators. However, the rules for personal injury cases will vary from state to state. As a result, the following information is based on a general understanding of how personal injury law works. This includes laws that pertain to costs associated with your case and when you can file your claim. There are states where you have a greater say in how things can happen with your case and states where you’re more of a bystander in the process. The following information is meant to help you to make sure that you can work with your lawyer to ensure that your case moves forward without unnecessary problems.

Many personal injury cases are about the costs associated with them. These include things like medical bills, lost wages, and pain and suffering claims. In these cases, you may want to think about how much money you’re looking to recover. You may be able to do this by using a computer program that can estimate the amount of money you will get when all the different elements of your case are completed. However, this is only a rough estimate and should not be treated as an exact science.

How Does a Personal Injury Case Work?

A personal injury case works in a very similar fashion to a typical civil lawsuit. After you are injured, you will likely file a personal injury claim and also consult with an attorney to begin gathering evidence that may be needed for your case.

  1. Defendant Does Something to Injure Plaintiff:

The only way you can recover damages in a personal injury case is if the defendant you are suing does something to cause your injuries. In many cases, this will mean that someone was negligent and caused an injury through their actions. If a car causes an accident, for example, then the driver will likely be named in the lawsuit as the person who caused the accident.

  1. Plaintiff Determines that Defendant Breached a Legal Duty:

Every state has specific rules that outline what a defendant’s legal duty is in these types of cases. If a car driver fails to obey traffic laws, or if someone runs a stop light, then the driver would likely be considered negligent and could possibly be liable for causing an injury.

  1. Settlement Talks Occur:

Once you reach the point where it is clear that the driver of the car or the apartment owner breached their duty, then you must do your best to determine how much money you would like to receive. This will depend on many different factors, including what your injuries are and how long they will continue. In addition, you may want to consider a tort reform policy if there is one. A tort reform policy can help to keep costs low and may provide additional protection if compared with a personal injury lawsuit.


A personal injury case is a type of civil lawsuit that occurs when you have been injured because someone else did something wrong. Although the specific rules will vary based on where you live, there are a number of general principles that apply to most personal injury cases. In many cases, the defendant will be liable if they were negligent and caused an injury as a result of their actions. If they were not negligent, then you will almost certainly lose your lawsuit.