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Personal Injury

What is Personal Injury?

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Understanding Personal Injury

Personal injury law covers a wide range of cases including car accidents, slip and falls, medical malpractice, product liability, and more. The injured party (plaintiff) must prove that the defendant owed them a duty of care, breached that duty, and caused their injuries.

Examples

  • 1Car accident victims seeking compensation for medical bills and lost wages
  • 2Slip and fall cases in retail stores
  • 3Medical malpractice claims against healthcare providers

Why This Matters in Legal Cases

Understanding personal injury law is critical for clients navigating the aftermath of an accident or injury. The distinction between personal injury (harm to a person) and property damage affects what compensation is available, what evidence is needed, and how long the case may take. Clients often don't realize that their claim may include both economic losses (medical bills, lost wages) and non-economic damages (pain and suffering).

Explaining to Clients

When explaining personal injury to clients, emphasize that their case is about making them whole again—not just covering their medical bills. Help them understand that documenting everything (injuries, treatment, how the injury affects daily life) strengthens their case.

Frequently Asked Questions

How long do I have to file a personal injury claim?

The time limit varies by state (called the statute of limitations), typically ranging from 1-6 years. In most states, you have 2-3 years from the date of injury. However, there are exceptions—injuries to minors, cases where the injury wasn't immediately discovered, and claims against government entities may have different deadlines.

What compensation can I receive in a personal injury case?

Compensation typically includes economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In rare cases involving egregious conduct, punitive damages may also be awarded.

Do I need an attorney for a personal injury claim?

While you can file a claim without an attorney, studies show that represented claimants typically receive significantly higher settlements even after attorney fees. An attorney can navigate complex legal procedures, negotiate with insurance companies, and ensure you don't miss important deadlines.

Sources

Related Terms

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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