What Is Personal Injury?


Civil law includes personal injury. Personal injury claims are meant to compensate victims of social wrongs or accidents, such as defamation.

In a personal injury case, the plaintiff is the one who has been injured. The defendant in a personal injury case is the one against whom the case is being brought.

The plaintiff in a case where the victim dies from an accident is the representative of his estate. In a personal injuries claim, the defendant is the party whose negligence caused the victim’s injury or loss. The cross-defendant is when the defendant claims that another party is to blame.

Personal Injury: Some Aspects

Limitations Imposed By Law

You must file your personal injury claim within 2 years of the accident. You may lose your right to file a personal injury lawsuit if you do not file a claim within the statutory limitation period.


Personal injury cases in Nevada raise another legal question: liability. A jury could find that the plaintiff is partially or entirely responsible for the injuries or accident. Nevada has a unique rule called modified relative negligence.

This legal principle states that the amount of compensation an injured party can receive depends on their liability in an accident. This rule also states that damages cannot be recovered if an injured party is held liable for more than 50% of the accident.

Burden of Proof

Personal injury cases have a lower burden of proof than criminal cases. These cases are focused on compensating plaintiffs for their losses and injuries. In order to receive compensation in a personal injuries case, the plaintiff must prove that the defendant acted negligently or as a reasonable person would in similar circumstances.

What are the elements of negligence in a personal injury claim?

Personal injuries can be caused by defective products, motor vehicle accidents, or premises liability. Most personal injury cases involve accidents that are not caused by intentional acts, but rather the result of negligent or careless actions of the defendant.

In a personal injury case, the main elements of negligence that you must prove are:

  • The duty of care was owed by the party at fault
  • The accused did not care for you as a matter of duty
  • The actions of the other party responsible for your injuries or losses were directly responsible
  • These damages were caused by the actions of the at-fault party

Although the legal duties of defendants may differ depending on where they are located and what the circumstances are, all parties must do their best to avoid any accidents. Drivers shouldn’t drive while drunk, shopping centers should have clean floors that are free of debris that could cause slip-and-fall accidents, and manufacturers shouldn’t sell defective products. Personal injury cases include slip and fall, products liability, car accidents, dog bites, as well as slip and falls.

Personal Injury Compensation

Personal injury cases can result in both economic and non-economic damage. The actual losses of the victim are used to calculate economic damages. These include lost wages, medical bills, out-of-pocket expenses, rehabilitation costs, and lost wages. It is difficult to estimate non-economic damages.

Pain and suffering is a good example of non-economic damages. Nevada has caps on the non-economic damages that are awarded in medical malpractice cases. These cases have a cap of $350,000 on non-economic damages. There is no limit on non-economic damage in other types of cases, such as auto accidents.

What is the average amount for a personal injury case? This number will vary depending on the case and the extent of injuries. The average settlement amount for personal injury cases is between $3,000 to $75,000. A skilled accident lawyer can help you to get the most for your damages.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann has the best personal injury attorneys. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

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