Personal injury is a term used to describe any case in which individuals have suffered physical injuries due to the wrongful conduct of others. Personal injury cases arise from motor vehicle accidents, construction accidents, medical mishaps, police misconduct, and a myriad of other situations. Fault may consist of intentional wrongdoing, wanton and willful misconduct or negligence.

In the typical case, the injured party, known as the plaintiff, must prove that the defendant was at fault and that the fault was a proximate cause of plaintiff’s injury. For example, in an automobile accident case, we have to prove that the defendant did something negligent such as running a red light or speeding, that there was a collision, and that the plaintiff’s injuries were caused by the collision. Typically, the defendant and his insurance company will claim that the defendant was not at fault, that the plaintiff was at fault, that plaintiff’s injuries were not so bad, and that, in any event, plaintiff’s injuries weren’t caused by the accident.

In medical negligence (medical malpractice) cases, the plaintiff’s burden of proof is more difficult because we have to establish through expert testimony that the defendant doctor or nurse departed from accepted medical standards. Causation is often more difficult, too, because the plaintiff usually was sick or injured to begin with. Understanding the medicine and recruiting top quality expert witnesses is a key to success in the medical malpractice field.

Personal injury also includes injuries caused by defective products. Product liability cases focus on the unreasonably dangerous condition of the product rather than the fault of the defendant. A case can involve negligence and product liability such as where a car accident is caused by a driver’s negligence and then the air bags fail to deploy because of a product defect.

Damages in personal injury cases consist of compensation for medical expenses, wage loss, disability, disfigurement, and pain and suffering. Where personal injury results in death, the decedent’s claim survives the death. In addition, immediate family members can bring their own claim for wrongful death. Their damages include loss of financial support and compensation for the loss of the relationship that each family member had with their loved one.