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.

Read these miscellaneous case examples to better understand the legalities of different types 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 he worked.

Premises Liability Lawsuit Seeking Damages for the Collapse of a Building - In this premises liability lawsuit the plaintiff seeks damages for the collapse of a building on to it's client's property causing extensive damages.

Personal Injury Accident Lawsuit for Falling on a Basketball Court - In this personal injury accident lawsuit the plaintiff is asking for damages for a fractured elbow and cut chin, she was participating in a basketball practice at the time of injury.

Bad Faith Claim Litigation Brought Against an Individual - In the course of this bad faith claim litigation the plaintiff states the defendant acted negligently and with willful disregard, and tries to name him separate from the company he works for.

Bad Faith Insurance Claim Attorney Seeks Payment for Denial of Insurance - In this court case the plaintiff appearing with her bad faith insurance claim attorney is seeking damages for denial of insurance coverage and punitive damages.

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 messing up the title transfer to the marital home, causing her financial problems.

Legal Malpractice Lawsuit Seeking Repayment of a Retainer Fee - In this legal malpractice lawsuit the plaintiff seeks damages of $5,000. In fact it is found to merely be an overpayment by the plaintiff and no negligence is found on the part of the defendant.

Whiplash Treatment Needed After Father Abuses His Son - In this court case the plaintiff is seeking to protect a small child from being abused and is hoping to get him whiplash treatment.

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.

Internet Defamation Case Involving Breach of Contract and Libelous Email - In this internet defamation court case the plaintiff seeks damages for breach of contract and defamation by email.

Defamation and Slander Case Seeking $15 Million - In this defamation and slander case the plaintiff is asking the court to award $15 million in damages, however the plaintiff can´t present sufficient evidence.