About Personal Injury

A personal injury is an injury suffered by a person to his or her body, mind and emotions and is usually due to another’s negligence or carelessness. Personal Injury claims can also include wrongful death or situations where the injuries prove fatal. A personal injury falls under the scope of the following headings. Either, Personal Injury Law or Tort Law.

A Tort is a legal way of saying that an act or omission by another individual or organisation that gives rise to injury or harm to another and amounts to a “civil wrong” for which courts can impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers.

Another type of Tort also involves injuries caused by defective products. Liability in these cases can be imposed based on a legal theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under what is known as a strict liability theory. Either way, product liability cases prosecuted by lawyers can have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.

Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff’s lawyer must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.

Personal Injury Claim

A personal injury claim usually starts with the injured party suing another person, business, or a company after hiring a lawyer. In these cases the individual suffering the personal injury (known as the Plaintiff) makes a claim from the negligent party (the Defendant) and requests compensation for the injuries sustained, generally known as damages.

Types of Personal Injury Claims
The most common types of personal injury claims are those arising from motor vehicle accidents, workplace accidents (Workers’ Compensation), slip and trip accidents (Public Liability) and assaults (Criminal Injuries). The term “personal injury” also incorporates negligence in medical and dental procedures. For example when a medical or dental practitioner fails to exercise reasonable care in the treatment of a patient it is known as Medical Negligence


Damages which can be claimed are normally categorised as either “Special” or “General” Damages.
Special damages are claims that are easily measured such as medical expenses, loss of earnings and other related expenses.
General legal damages, on the other hand, are more intricate to quantify and encompass the following heads of damages, namely pain and suffering, loss of amenities of life and the loss of enjoyment of life.


In order to lodge a claim for personal injury compensation, and if necessary, receive an award from a Court, legal proceedings must start within a specified period of time from the date on which the accident occurred. Depending on which State you live in this period of time will vary and you will need to check with your lawyer or the relevant state legal authorities to check that you are legally allowed to take the personal injury claim to court

Personal Injury Case Law

Grimshaw v. Ford Motor Co.

A 1972 Ford Pinto hatchback automobile unexpectedly stalled on a freeway, erupting into flames when it was rear ended by a car proceeding in the same direction. Mrs. Lilly Gray, the driver of the Pinto, suffered fatal burns and 13-year-old Richard Grimshaw, a passenger in the Pinto, suffered severe and permanently disfiguring burns on his face and entire body. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages… click to see more

Anderson v. Cryovac Inc.

On May 14, 1982, a number of Woburn, Massachusetts, residents commenced a civil action alleging that Cryovac, Inc., a division of W.R. Grace & Co., the John J. Riley Co., a division of Beatrice Foods, and other unidentified companies had contaminated Woburn’s drinking water by discharging toxic chemicals into the ground. The plaintiffs sought damages for personal injury and wrongful death and also asked the court to require the companies to clean up the contaminated ground water and to enjoin future unauthorized discharges of toxic substances…. click to see more

Ford Motor Co. v. Montana Eighth Judicial Dist.

Argued October 7, 2020—Decided March 25, 2021* Ford Motor Company is a global auto company, incorporated in Delaware and headquartered in Michigan. Ford markets, sells, and services its products across the United States and overseas. The company also encourages a resale market for its vehicles. In each of these two cases, a state court exercised jurisdiction over Ford in a products-liability suit stemming from a car accident that injured a resident in the State. The first suit alleged that a 1996 Ford Explorer had malfunctioned, killing Markkaya Gullett near her home in Montana… click to see more

Richards v. Stanley

Plaintiff brought this action to recover damages for personal injuries suffered when his motorcycle collided with an automobile owned by defendants Mr. and Mrs. Stanley, which was being driven at the time by a thief, defendant Rawlings. The complaint alleged that Mr. and Mrs. Stanley were the owners of an automobile, which Mrs. Stanley parked on Stevenson Street near Second Street in San Francisco, leaving it “unattended and unlocked with the ignition key in said car lock” in violation of section 69 of the municipal code;*fn* that as a result of this carelessness, defendant Rawlings... click to see more


Personal Injury Resources

Filing & Service of Process

It can be confusing and time-consuming to file your case and find a local process server. Your local county court will have guidance on how to file a personal injury matter either in person or electronically. You can visit CourtFiling.net to eFile court documents and ServeNow.com to hire a local, trusted process server.

Lawyer Reviewed Cases

Akers v. Warson Garden Apartments

reviewed by BWO Attorneys

Gary Akers worked for Warson Garden Apartments and Half Moon Village, Inc., (Employer) as a maintenance person. Akers was using lacquer thinner when it ignited. A co-employee who was standing by the stairs made it out of the building. Akers, who was standing in the thinner, was caught in the explosion. He was taken to the hospital and died the next day… click to see more


Giddens v. Kansas City Southern Railroad Co.

reviewed by Missouri DWI & Criminal Law Center

In 1989 Garry V. Giddens was injured while working for his employer, Kansas City Southern Railway Company (KCS). The injury occurred when a chain attached to a crane broke causing a track assembly to fall on Giddens’ hand. Treatment for the hand injury included eight surgeries. Despite the treatment, Giddens was unable to return to work. He then filed suit against KCS under the Federal Employer’s Liability Act (FELA)… click to see more

Schlumbrecht-Muniz v. Steamboat Ski and Resort Corporation et al

reviewed by Combs & Brown Law Firm

Material Facts The Court has reviewed the record and submissions of the parties and finds the following facts to be undisputed, or if disputed, resolves them most favorably to the non-movant.The Plaintiff Linda Schlumbrecht-Muniz, M.D., was a member of the Sarasota, Florida Ski Team. She travelled to Steamboat Springs Ski Resort with the ski team to participate in NASTAR ski races. 1Prior to participating in the ski races, Dr. Muniz registered with NASTAR by filling out and signing a registration… click to see more


reviewed by Timeshare Defense Attorneys

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County, entered December 12, 1974, which denied its motion to dismiss the complaint for lack of personal jurisdiction. Order reversed, on the law, with $20 costs and disbursements, and motion granted. Plaintiff allegedly slipped and fell on the premises of the Frontier Hotel in Las Vegas, Nevada, on September 19, 1973… click to see more

Huse v. Fulton

reviewed by The Orlando Firm, P.C

This appeal arises from a district court order rejecting an affidavit of illegality filed by Atlanta Metro Taxicab Group, Inc., (Atlanta Metro) to contest an execution and levy against a monetary bond held by the City of Atlanta. Atlanta Metro asserts that the trial court erred in holding that the bond was subject to levy under the facts presented in this case. We disagree with Atlanta Metro’s arguments and affirm… click to see more

G.M.B.H. v. United States

reviewed by Rego Law Firm

The single question presented on appeal is whether the exclusive remedy provision of the Federal Employees’ Compensation Act bars the claim of a third party for indemnity against the federal government for damages paid an injured government employee. We think it does not and, accordingly, reverse the entry of summary judgment in favor of the United States… click to see more

Schultz v. Chen

reviewed by Amircani Law, LLC

…. D.J.Plaintiff Barbara Schultz (“Schultz” or the “Plaintiff”) has moved pursuant to Federal Rule of Ci vil Procedure 56 for summary judgment against Defendant Martin Chen (“Chen” or the “Defendant”). Plaintiff seeks recovery for personal injuries sustained as the result of a December 4, 2016 motor vehicle accident that occurred… click to see more

Reyes v. United States of America

reviewed by Conoscienti & Ledbetter, LLC

… Plaintiff Whitney Reyes commenced this action against Defendant United States basedon an incident involving the United States Postal Service, an agent of Defendant, on June 14, 2019. Plaintiff alleges that postal truck and a vehicle in which she was a passenger, causing her physical injury and mental anguish.“ hereinafter… click to see more


reviewed by Combs & Brown, LLC

While participating in the second heat of a downhill ski race, Karl Kotovsky failed to negotiate a turn at the fourth gate and collided with a wooden fence post situated along the side of the course. As a result of this accident, he received serious injuries. Alleging negligence… click to see more

Hagan, et al. v. Boston Scientific Corporation, et al

reviwed by The Orlando Firm, P.C

The Plaintiffs claim that Connie Hagan had surgery to implant a pelvic mesh device manufactured her in 2012, and that defects in the device have since caused her to suffer physical injuries. Plaintiff has brought claims for Negligence, Breach of Warranty, Failure toWarn, and… click to see more

Sells v. Thomas

reviewed by The Orlando Firm, P.C

REVERSED Submitted: September 6, 2006 The Opinion of the Court was delivered PER CURIAM In the instant case, the appellant, Samantha Sells, appeals the Circuit Court of Mercer County’s May 11, 2005, order granting summary judgment in favor of the appellee… click to see more

Zena Cohen v. Marci B. Strouch and Daiichi Sankyo

reviewed by Buchanan Williams & O’Brien, P.C

OPINION & ORDER Defendants Marci B. Strouch (“Strouch”) and Daiichi Sankyo, Inc. (“DSI,” and together, “Defendants”) have moved to disqualify counsel for plaintiff Zena Cohen (“Cohen”) in this action… click to see more 

Worcester Insurance CO. v. Bettenhauser

reviwed by Brand Brand Nomberg & Rosenbaum, LLP

While driving his own automobile on November 22, 1995, appellant Thomas Bettenhauser was seriously injured in a two-car accident. The other driver’s insurance policy had a $10,000 limit, and Bettenhauser’s… click to see more

Howard v. Gourmet Concepts Ntl.

reviewed by Amircani Law, LLC

On November 17, 1995, Teresa G. Howard, plaintiff-appellant, received serious personal injuries when she attempted to turn left from Talton Drive into the south bound lane of Montreal Circle, where she was struck… click to see more

City of Steamboat Springs v. Johnson

reviewed by Combs & Brown Law Firm, LLC

The City of Steamboat Springs has decided to construct a new highway on what once was greenbelt area. To do so, it obtained a judicial decree that it owned the greenbelts, condemned or acquired property… click to see more

Haralson County v. Lee

reviewed by Rego Law Firm

Jimmy E. Lee claims that his shoulder replacement surgery is compensable under the Workers’ Compensation Act, OCGA § 34-9-1, et seq. The Haralson County Board of Commissioners and the Association… click to see more

Brawner v. State

reviewed by Conoscienti & Ledbetter, LLC

Appellant Andray Brawner was convicted of malice murder and possession of a firearm by a convicted felon in connection with the homicide of Darryl White, who died from multiple gunshot wounds on February… click to see more

Robinson v. Health Midwest Development Group

reviewed by Missouri DWI & Criminal Law Center

Felicia N. Robinson (Robinson) sought damages for personal injuries sustained in a motor vehicle accident alleging negligence on the part of Health Midwest Development Group... click to see more

Shortnacy v. North Atlanta Internal Medicine

reviewed by The Orlando Firm, P.C.

The Shortnacy family 1 and Kirk Zoeller, plaintiffs below, appeal from the trial court’s order finding a proper case and granting the motion of defendants North Atlanta Internal Medicine, P.C., Jamie Pappas… click to see more

Burns v. Elk River Ambulance

reviewed by Buchanan Williams & O’Brien, P.C. 

This medical negligence case centers on the death of Clifton Burns (Decedent), an 18-year-old man who suffered a fatal asthma attack. Madonna Burns (Plaintiff), decedent’s mother, brought suit against.. click to see more


reviewed by Bendell Law Firm PLLC

This appeal concerns the applicability of the Mobile Home Park Landlord-Tenant Act to the relationship between the Post Falls Trailer Park (the Partnership), the landlord and owner of a mobile… click to see more

Personal Injury Stories

Disclaimer: The views and opinions expressed in AnyLaw Case Summaries and Law Thoughts are those of the authors and do not necessarily reflect the official policy or position of this website.

Articles do not constitute legal advice.

© Lexsphere LTD. Reproduction of the material contained in this publication may be made only with the written permission of Lexsphere LTD.