Introduction to Personal Injury Law

Any time you file a lawsuit or insurance claim seeking compensation for an injury -- after anything from a car accident to a slip-and-fall -- you’re looking to hold the at-fault party liable for your losses under “personal injury” legal principles. In this section, we’ll cover the basics of “personal injury” and the key questions inherent to these kinds of cases.

If you’re thinking about bringing a personal injury claim, chances are you’ve got some big questions: Who might be on the legal hook for your losses? What kind of compensation can you expect to receive? Should you file a claim with the at-fault party’s insurer, or take your case to court via a lawsuit? In this section, you’ll find answers to some of the most common questions on the minds of personal injury claimants.

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What Is Negligence in a Personal Injury Case?
Why the concept of negligence is pivotal in many personal injury cases, and how to prove the elements of a negligence or negligence per se claim. ... READ MORE

Which States Follow Contributory Negligence?
Find out which states follow the harsh contributory negligence rule, and which have adopted a version of the much fairer comparative negligence rule. We'll also explain how each of these rules can impact your personal injury case. ... READ MORE

How Much Is My Injury Case Worth?
An in-depth look at the kinds of losses that can be compensated in a personal injury claim, how "damages" are proved, and what to expect in your case. ... READ MORE

What If I Miss the Statute of Limitations Deadline for Filing a Personal Injury Case?
Missing the lawsuit filing deadline set by the statute of limitations usually spells doom for a personal injury lawsuit, except in rare situations where the filing window can be extended. ... READ MORE

Sample Premises Liability Slip and Fall Demand Letter
If you were hurt on a dangerous property—like an icy parking lot, a dangerous sidewalk, defective stairs, or an improperly maintained store floor—here’s a sample demand letter you can use to write your own. ... READ MORE

Sample Car Accident Demand Letter
The demand letter is your first chance to make your case and position yourself for a fair settlement. Here's what a demand letter might look like in a car accident injury claim. ... READ MORE

What’s the Difference Between Pure and Modified Comparative Fault?
When an accident is partially your fault, the shared fault rules in your state might kill your claim. Here's how the different shared fault rules work. ... READ MORE

What Is the "Preponderance of the Evidence" Standard?
Preponderance of the evidence—meaning more likely to be true than not true—is the legal standard of proof in most civil cases. ... READ MORE

How Personal Injury Compensation, Damages, and Settlements Are Calculated
Here’s an in-depth look at how lawyers and insurance companies value personal injury claims. ... READ MORE

Can an Employer Be Liable for Personal Injury?
When an employee's negligence causes an accident, and someone gets injured as a result, the employer may be on the financial hook. ... READ MORE

 

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