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10 terms you need to know to understand personal injury cases

Every day, Americans face the risk of personal injury, ranging from car accidents, dog bites, medical malpractice, falls and slips, harm caused by defective products, and workplace accidents.

According to data from the , a reported 25.4 million people visited physicians for consultations related to unintentional injuries in a recent year. A reported 197,449 people died from their injuries, including 48,308 people who died due to unintentional falls and slips.

Fortunately, federal and state laws in all 50 states provide some form of protection against and compensation for personal injury incidents. Personal injury lawsuits help accident victims seek justice when property owners and businesses prioritize cost-cutting over their obligations to others’ safety.

According to Department of Justice data cited by , only 4%-5% of personal injury cases proceed to trial, with many settling before trial.

To file a successful personal injury claim in court, plaintiffs must be thoroughly aware of the key concepts of such cases. Using information from legal articles, legal information databases, and encyclopedia entries, Webb Patel of compiled a list of the 10 most useful terms one should know for understanding personal injury cases.

Accidental Injuries

Most personal injury claims are based on accidental injuries. Intent differentiates accidental injuries from assault, which is a deliberate act. An injury can be categorized as “accidental” on the condition that it is a form of “unintentional” bodily harm resulting from “external” forces, and goes against the “normal course of events,” according to . Accidental injuries often result from negligence and human error.

According to the , different causation theories are used to determine who or what is responsible for accidental injuries, ranging from theories placing accidental injuries strictly within the purview of pure chance (notably, the “pure chance theory”) and those which argue that multiple factors and subcauses result in accidental injuries (notably, the “multiple causation theory”).

Accidental injuries may constitute torts, which are acts or omissions that cause harm to others and may give rise to the right to file a civil lawsuit. If someone commits a tort against another, the harmed party may be able to file a claim to recover compensation for their losses, according to .

Strict Liability Claim

Strict liability torts are cases in which the accused is liable even though they did not intend to harm the victim and demonstrated no negligence in dealing with them. A strict liability claim holds the defendant responsible for injuries, regardless of fault, intent, or negligence, according to . This legal theory may apply in cases involving the keeping of dangerous animals, participation in abnormally dangerous activities, and injury caused by defective products. Whether the injury resulted from the accused individual or organization’s deliberate or negligent actions, they are held responsible for the result. That said, the applicability and scope of strict liability vary by jurisdiction.

Negligence

Negligence in personal injury cases is a concept that describes instances in which the defendant has behaved negligently or carelessly to the extent that such negligence resulted in injury to the victim or their property. Hypothetical examples of negligence include a store manager failing to have their employees place a wet floor warning sign when mopping a floor, or a homeowner failing to repair a staircase in their home, resulting in a guest slipping and falling while climbing the stairs.

Negligence torts are cases in which defendants are liable for harm suffered by the victim even if they had no intent to cause harm.

Negligence is often difficult to prove because for a plaintiff to successfully accuse the defendant of being “negligent,” four criteria must be met: the plaintiff must prove that the defendant has a legal duty toward them; that the duty in question was not fulfilled; that the duty’s unfulfillment resulted in injury or “damages” to the victim; and that the failure to fulfill the duty was the primary reason for the damage.

Intentional Torts

In personal injury cases, the term “intentional tort” refers to a situation where the defendant deliberately chose to act or refused to act in a way that resulted in harm to the victim. According to , an intentional tort is an act someone purposely does that causes harm, giving the victim the right to sue the perpetrator. Examples of intentional torts include assault, battery, slander, and intentional infliction of emotional distress.

Proximate Cause

A major part of personal injury cases involves finding the proximate cause of the injuries suffered by the victim. According to , the concept of proximate cause is premised on the idea that “not everyone nor everything that causes an injury can be held legally liable.”

As such, determining that an act was a proximate cause means that the act in question is the proximate or nearest reason behind the victim’s injuries, regardless of whether it was committed deliberately or by negligence. The probability of an act being the proximate cause “increases as the cause becomes more direct and more necessary for the injury to occur,” according to the .

Assumption of Risk

Assumption of risk is a legal concept that protects some defendants from personal injury lawsuits and limits a plaintiff’s ability to sue for compensation. Assumption of risk is premised on the idea that certain activities inherently carry a risk of serious injury by their nature, such as playing sports or rock climbing.

Assumption of risk can be expressed or implicit. Express assumption of risk occurs when participants in an activity explicitly sign a contract that specifies the risk of injury associated with the activity and agree to absolve the activity’s organizer of responsibility for injuries related to it. Tacit or implicit assumption of risk, on the other hand, occurs when a plaintiff engages in a risky activity, knowing they are voluntarily subjecting themselves to the risk of injury. By proving the assumption of risk, a defendant can stop a plaintiff from claiming compensation.

Comparative Negligence

Not all cases are those where a defendant’s negligence is solely responsible for the injury incurred by the plaintiff. In some cases, both the defendant and plaintiff share negligence. The principle of comparative negligence helps allocate compensation in such cases, according to the .

By this principle, the amount of damages a plaintiff can secure in compensation from the defendant is dependent on the degree of negligence the defendant contributed toward causing the injury. For example, if the court determines that the defendant was only 70% negligent, then the plaintiff could hypothetically only claim 70% of the damages related to the injury.

Workers’ Compensation

Workers who suffer injuries or illnesses related to their jobs are entitled to compensation under the law. Such workers’ compensation essentially serves as a “disability insurance program” for workers, with affected employees receiving “cash benefits, health care benefits, or both,” according to .

To secure workers’ compensation for injuries sustained while performing the work duties, employees must inform their employer as soon as possible so that with their insurer. Once the employer secures the necessary compensation funds, the worker has the option to either accept the payments or pursue a negotiated settlement with the employer and insurer. Workers’ compensation is typically an exclusive remedy, meaning that injured workers generally cannot sue their employers.

Damages

Should personal injury cases go all the way to the verdict stage and the plaintiff wins, they could be awarded damages for the injuries suffered. Most damages awarded in personal injury cases are compensatory. Compensatory damages are awarded to help the victim make up for their losses. This could include compensation for lost income, medical expenses, and noneconomic damages such as pain, suffering, and emotional distress. In rare cases, punitive damages can be awarded. Punitive damages are given with the intent to punish the defendant. These are given in cases involving what are considered acts of gross negligence or other egregious conduct.

Settlement

A settlement in personal injury cases occurs when both the plaintiff and defendant agree not to take the dispute between them to court. Such agreements are often made with the defendant offering the plaintiff a certain sum of money, which the plaintiff then accepts to complete the settlement. The majority of personal injury legal disputes are settled outside the court, with only 4%-5% of cases reaching the trial stage.

Settling is a preferred option for defendants who want to avoid the legal expenses of a case going to court or the uncertainty of a court’s decision regarding damages and liability. By choosing to settle, the plaintiff absolves the defendant of “any further liability” related to the suffered injuries, according to the .

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