Personal Injury Claim Information and Lawsuit Case Examples...

A personal injury claim seeks to establish causation between the injury and the negligence of the defendant. 

While there is always the threat that a personal injury claim will go to civil court, the majority of personal injury claims are resolved with an out-of-court settlement.

Most settlement documents include clauses stating that the plaintiff forgoes future legal actions related to the injury or the incident in question.

A personal injury lawsuit is usually filed under the authority (or jurisdiction) of the state and county courts where the injury occurred. Injury cases with small damage amounts (capped, from state to state, anywhere from $2,000 to $15,000) are typically filed in the court's 'small claims' division.

For cases where both parties are living in different states and the amount is greater than $75,000, a federal jurisdiction may be declared. This moves the venue to the US District Court system, changing venues can be a source of great confusion in the prosecution of the case.

Most personal injury cases seek to reward monetary compensation to the injured party; the value of this compensation depends on the type of personal injury claim.

It is rare that punitive damages are awarded. The transition or push for punitive damages is a sign that the case should likely be relocated to the criminal court.

A personal injury claim that does not go before a judge is resolved through negotiations between counsel for the injured party, counsel for the defendant, and often times agents of any relevant insurance carrier (e.g. insurance adjusters).

These negotiations often cite past personal injury cases that establish relevant precedents and attempt to prove negligence. Oftentimes it resembles nothing more than bickering over the settlement amount, with the defendant trying to deflect allegations of the plaintiff to reduce their payout.

While there has been some movement attempting to limit the scope of personal injury claims, to date they've met with stiff counter arguments about the need for consumers to be able to assert their rights in the event of injury and civil negligence.

Personal Injury Case Studies:

Read these miscellaneous real life case examples to better understand the legalities of personal injury claims:

Premises Liability Claim Seeking Damages for Ice Falling on Plaintiff - In this premises liability claim the plaintiff was injured by a chunk of ice falling off the building where she worked. There was a dispute between the building owner and management company regarding liability.

Premises Liability Lawsuit Seeking Compensation for Serious Burn Injuries - In this premises liability lawsuit the plaintiff seeks damages after he was seriously burned by a heating element while attending a private party at a restaurant.

Personal Injury Accident Lawsuit for Falling on a Basketball Court - In this personal injury accident lawsuit the plaintiff is asking for damages after getting injured while running in a basketball drill. She was participating in a basketball camp on school grounds at the time.

Bad Faith Claim Litigation Brought for Claim Denial - In the course of this bad faith claim litigation the plaintiff states the defendant insurance company denied her claim in bad faith, constituting breach of contract. She is awarded punitive damages by the court.

Bad Faith Insurance Claim Attorney Seeks Payment for Denial of Insurance - In this court case the plaintiff appears with her bad faith insurance claim attorney to seek damages for denial of insurance coverage and punitive damages. The Court's decision is split.

Legal Malpractice Claim Against a Law Firm For Mishandling a Divorce Case - In this legal malpractice claim a plaintiff going through divorce sues her law firm for failing to secure collateral to a transferred home, causing her to lose the home to foreclosure.

Legal Malpractice Lawsuit Seeking Repayment of a Retainer Fee - In this legal malpractice lawsuit the plaintiff seeks partial repayment of her divorce attorney's retainer. She asserts her attorney overbilled her for the services he provided.

Fatal Case of Neck Whiplash Caused by Father Shaking His Son - In this court case the State is prosecuting a man for Felony Child Abuse and Voluntary Manslaughter. The defendant caused the death of his infant son by violently shaking him, damaging his brain stem.

Verbal Assault Divorce Case Involving Years of Abuse - In this court case the plaintiff is seeking a divorce on various grounds including cruel and inhuman treatment and verbal assault.

Defamation Case Alleging False Statements on a Termination Form - In this defamation case, a plaintiff attempts to recover damages for defamation and wrongful termination from his job. The Court finds in favor of the defendant, since they only communicated statements originally made by others.

Internet Defamation Case Involving Libelous Web Reviews - In this internet defamation lawsuit the plaintiff seeks damages for libelous reviews of their company posted online by an unhappy customer.

Defamation and Slander Case Seeking $1.5 Million - In this defamation and slander case the plaintiff is asking the court to award damages for false arrest. She was accused and arrested for not paying her bill at a restaurant, when in fact a bus boy had stolen her cash payment.