Personal injury cases are among the most common legal actions in the United States each year. When someone is injured due to the negligence of another person or entity, it’s cause for the victim to file a personal injury claim or lawsuit.
Most claims are resolved with an out-of-court settlement. Settlement documents include clauses stating the plaintiff forgoes future legal actions related to the injury or incident in question.
If a settlement can’t be reached, a personal injury lawsuit is filed in the state or county courts where the injury occurred. Injury cases with small damage amounts, from about $2,000 to $15,000, are typically filed in small claims court.
A personal injury claim is normally resolved through negotiations between counsel for the injured party, counsel for the defendant, and/or agents of the relevant insurance carrier (claims adjusters). Oftentimes it resembles nothing more than arguing over the settlement amount, with the defendant trying to reduce their payout.
Read through the some case types to get a handle on the specifics of injury claims.
Assault, Abuse & Other Crimes
If you suffered injuries due to a criminal act such as robbery, assault, or abuse, you may be entitled to compensation from a variety of sources. Learn more about crime victims' rights. You'll have to work with the prosecutor on the case to make sure you receive a judgement against the perpetrator, and to connect you to the victims' compensation fund.
School & Daycare Injuries
School accidents and injuries pose a unique challenge. Public schools are government entities and you'll have to go through a form of tort claim process to recover compensation. Private schools have their own insurance coverage, so the claim process is a little more straightforward.
Wrongful death lawsuits work a lot like personal injury cases. The difference is they're more tragic and the jury awards for damages are much higher. In these cases it's absolutely necessary to get a lawyer with specialized knowledge in wrongful death law.
Other Case Types
Here is a collection of other personal injury case types that don't fit under other categories. Be sure to get a free consultation with an attorney before pursuing any case on your own.
For more about class actions, read this case example.
Protecting Your Child from Bullying – This guide gives a thorough overview of bullying and how to prevent it. Take these steps to keep your child safe from violence at school.
Hate Crimes Injury Guide – Valuable resources about hate crimes and their resulting injuries.
Martial Artists’ Guide to Self Defense & Liability – Overview of your responsibilities and liability as a martial artist when in a physical altercation.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Visitor Questions on Other Case Types
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My 5 year old son was on the neighbor’s property (driveway) and was hit in the head with a golf club, causing a gash above his left eye. The injury required an emergency room visit and stitches. The medical bill, so far, is $2000. He also has a nice scar on his forehead that’s visible.... Read More.
After my divorce in 2007 I moved into a very nicely refurbished condominium – which turned out to be a nightmare due to an elderly gentleman living below me that smoked cigars all day long. I developed asthma (never smoked a day in my life). In the three years I lived there I was in... Read More.
I was rear ended by a car that was hit by another car. I was stopped and saw it coming so I unfortunately braced for impact. The was minimal damage to my car, but I was hit with enough force that there was an imprint of the license plate in my bumper. My back starting... Read More.
Approximately 2 years ago my son’s dentist determined that my son needed a root canal. He provided a recommendation for a specialist (certified endodontist) in the area to perform the procedure, and we employed the specialist to perform the procedure. My son moved out of state to take a new job and before he had... Read More.
I was a passenger in car accident on my 21st birthday in December 2014. The accident was 100% the driver’s fault. I hit the dashboard and busted my knee open, got 21 stitches and a ugly scar. I missed 3 days of work and was on crutches/leg brace for a month, along with physical therapy... Read More.
I had a slip and fall in a store in 2011, and injured my lower back. I hired a lawyer, had 6 Months of physical therapy, and lost time at work (I’m a server for over 30 years). I had no back problems ever in my history. The case took over a year to settle,... Read More.
I was in an auto accident that destroyed my car, and left me bruised and traumatized. The doctor recommended counseling. My wife and I are 73. This incident and trauma has cancelled out all sex life. But the biggest issue is grumpiness for 6 months, but I’m getting over it. I’ve lost my confidence to... Read More.
My husband and I were in a collision where the other driver was at fault. I was injured in the accident and had to have surgery because of it. I’m almost done with my therapy sessions and I am ready to send off my demand letter. Is it alright for me to email it and... Read More.
My nephew has Severe CP (Cerebral Palsy) and is in a wheelchair. He can’t talk and has limited hearing and seeing. He is fed through his stomach with a feeding tube and has to be changed from his diapers. Last year my sister put him on the bus for school and when he got to... Read More.
I was involved in a car accident in which there was no police report or witnesses. The young boy admitted he was at fault until he found out he did not have insurance to get his car fixed, then said it was my fault. After weeks of investigation the boy was found to be the... Read More.
I work for national chain discount store in Brockton, Massachusetts and was assaulted by a customer on Thursday, July 25, 2013. I was taken to the hospital by ambulance and was told I have a fractured nose, mild concussion, and some other ailments. I did work my shift on Friday and Saturday because our store... Read More.
On June 29, 2013 I suffered a mild concussion while sitting on a bench watching my nephew’s little league indoor soccer class. I was hit with a flying soccer ball on the right side of the head. The young girl who hit me weighed easily 200 pounds, if not more. I went to the ER... Read More.
Two employees at the company I work for were charged and convicted of fraud, money laundering, and embezzling company resources. Some employee’s information (including mine) was used in their scam. This all happened between 2008 and 2010. I was not aware of this situation until Jan. of this year (2013) when the States Attorney Generals... Read More.
I was involved in an auto accident in December 2011. A woman pulled out onto the highway right in front of me. I slammed the brakes on with all my might but unfortunately I could not stop in time. My femur was absolutely shattered. I had surgery where a plate and screws were placed to... Read More.
Recently, I was having a conversation with a group of friends. While talking I made a swooping hand motion to describe something and accidentally hit one of my friend’s fingers. This was before a city league volleyball game at the local rec center in Iowa. Two days later he went to the hospital and found... Read More.
I am a nursing student and recently fell and had a concussion. My nursing school required me to get a physician’s clearance in order to return to school, which I provided. After that they required that they speak directly to the provider, so I signed the paperwork and they did. My doctor had given me... Read More.
The other day I fell off my porch and broke the bone directly above my ankle in my leg. I am currently enrolled in a nursing program and I only have 4 weeks of class left. When I first found out my leg was broken, I called my teacher and told her. She said that... Read More.
I had a building contractor working on my new home. He or one of his employees turned the power off to the air conditioned building where I was keeping my dogs (3 English bulldogs) while the building of our home was being completed. Yes, they knew the dogs were inside the building and that the... Read More.
I was bending down to pick something up off the ground. At the same time someone decided to kick what I was picking up and kicked me in the thumb. I waited overnight to see if the swelling would go down, but it didn’t. When I went to the hospital they said that he fractured... Read More.
I had surgery on my fractured right wrist but I’m not able to move as I used to. My bone broke and the doctors replaced it with titanium and platinum. I’m still working on my personal injury case and my lawyer says it can take as much as 4 years to come to a conclusion.... Read More.
A couple of months back, a guy came to fix a car I was in that had broken down. He left the hood open and asked if I could push the car out of the way as we were at a service station. I did and then the hood fell down on my hand. He... Read More.
I’m from Ireland but was visiting Florida at the time I was injured. I was entering a restaurant and it was raining. The tiled area outside was wet and as I walked onto the tiles I slipped and fell onto my lower back. There was a mat but it didn’t cover the tiled area and... Read More.
I had an accident in January 2011. It wasn’t severe, but as a result I now have pain in my back. I stopped seeing the Chiropractor because I didn’t like the way he was treating my back problems. I stopped and didn’t see any other chiropractor for 5 months. Now that I want to see... Read More.
A veterinarian refused my requested treatment for a 16 day old puppy and the puppy died. Is there such a thing as veterinary malpractice? Would I be able to get compensation for this veterinarian’s negligence? Would an attorney take a case like this? Thanks for any info you can give. Read More.
My father was injured by his mother’s boyfriend when he was 9 months old which resulted in the loss of vision in one eye. During his childhood he was told that there was money set aside for him because of his eye and that he would be ‘taken care of.’ My grandmother married a different... Read More.
What happens when you rent the lot your mobile home is located on and a sink hole forms? Who would pay for damages and or repairs? Since the renter does not own the land, is the park owner responsible? This may include but not limited to the cost to move, repairs if possible, or the... Read More.
Just a quick question: How long should I keep personal injury paperwork after a settlement? Read More.
I got hurt and was bleeding. I kept asking my boyfriend to please help me or call for medical assistance but he never did. Could I file a complaint against him or sue him for negligence? When is a person required to help? I heard about a “good samaritan” law but don’t know what it... Read More.
How long will it take to receive payment after the demand letter is sent for a personal injury? Read More.