Personal Injury Law & Legal Definition


Personal injury law involves injury which is caused accidentally by another's failure to use reasonable care. The definition of reasonable care is determined on a case-by-case basis. A person may be liable for the injury caused through negligent or reckless action. The injury to the plaintiff must be caused by and be a foreseeable result of the defendant's action. Some of the defenses to liability for personal injury include intervening causes, pre-existing condition, and assumption of the risk.

Types of personal injury lawsuits brought include injury and wrongful death cases arising from automobile, bike and pedestrian collisions, trucking accidents, boat and airplane accidents, construction accidents and OSHA violations, premises liability, product liability, nursing home liability, toxic and mass torts, medical malpractice, and other forms of negligence. A successful plaintiff in a personal injury suit may recover damages for medical expenses, property damage, emotional distress, pain and sufffering, loss of consortium or companionship, lost wages, costs and attorney fees, and lost future earnings.