Personal Injury

From LegalLanding

Personal injury is a legal term for an injury to the body, mind or emotions, rather than an injury to a person's property. The term is used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by a defendant, generally through that defendant's negligence, but also arises in defamation and intentional tort lawsuits.



The most common types of personal injury claims are: automobile accidents, accidents at work, slip and fall accidents, assault claims, product defect accidents (product liability), and dog bite claims. The term personal injury also incorporates medical and dental accidents, which lead to numerous medical malpractice claims every year. Personal injury also encompasses industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), occupational stress, contact dermititis, and repetitive strain injury cases.

Attorneys mostly represent clients on a contingency fee, in which the attorney's fee is a percentage of the plaintiff's eventual compensation (most commonly 1/3, or 33.33%, of the amount recovered). In most cases, having an attorney is necessary because cases become extremely complex and require great capital expenditures that many clients are unable to pay up front for, particular for the discovery stage and other inherent litigation expenses.

A more extensive list of types of personal injuries:


  • Automobile
  • Commercial Vehicles
  • Drunk Drivers/Dram Shop
  • Tractor Trailer
  • Underinsured Motorist
  • SUV Roll Overs
  • Truck Accidents
  • Aircraft/Airline
  • Plane Crashes
  • Airplane Accidents
  • Hit and Run
  • Motorcycle Accidents
  • Pedestrian
  • Trains/Public Transportation
  • Boating Accidents


  • Medical Malpractice
  • Hospital neglect
  • Nursing Home Negligence
  • Nursing Home Injuries
  • Injuries at Birth
  • Silicone Implants
  • Wrongful Death
  • Product Liability
  • Manufacturer Defects
  • Fen Phen
  • Plastic Surgery Negligence


  • Traumatic Brain Injuries
  • Burn Injuries
  • Product Liability
  • Negligence
  • Gas Explosions
  • Explosions
  • Benzene
  • Explosions
  • Dog Bites
  • Premises Liability
  • Asbestos Litigation
  • Rezulin
  • Qui Tam
  • Lead Paint

Time and the Statute of Limitations

A statute of limitations is a law which places a time limit on having a legal cause of action, or ability to pursue a legal remedy, in relation to wrongful conduct. After the statutory period expires, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. While the actual statutory period varies by state and the specific type of injury, most states allow 2 years for a personal injury claim to be brought before the injured party is barred from relief.

Here is a list of the statute of limitation periods on a state by state basis.

Structured settlements in personal injury cases

Often, an injury victim will elect to use a structured settlement to help protect her financially after an injury settlement, by securing funds for present and future medical payments, and it also provides injury victims with tax benefits.

See also

  • Pain and suffering
  • Minnesota Personal Injury Lawyers
  • Wisconsin Personal Injury Lawyers
  • Minnesota Personal Injury Attorneys
  • Wisconsin Personal Injury Attorneys
  • Minnesota Car Accidents
  • Minnesota Wrongful Death
  • Minnesota Head Injuries
  • Minnesota Dog Bites