Legal information on American civil law

CWC LAW Civil Wrongs Commentary

Topic

Personal injury guides

What an injury claim has to prove, what it can recover, and who can bring it after a death.

A personal injury claim asks an insurer or a court to pay for harm someone else caused. These guides cover the proof a claim needs, the difference between economic and non-economic damages, and the two separate claims that can follow a fatal injury.

Deadlines, damages rules and caps are set state by state. Each guide labels the state it uses as an example.

The guides

Personal injury claims: proof, losses and deadlines

A personal injury claim asks the person or business responsible for an injury to pay for the losses it caused. Winning one depends on proof, on the right defendant, and on filing in time.

General principles, with California court guidance used as a labeled example. Filing deadlines, forms and venue rules are set by each state, and federal court procedure is separate. This guide does not cover medical malpractice.

Economic vs. non-economic damages: what each covers in an injury claim

Compensatory damages in an injury claim come in two kinds: economic losses you can show with bills and pay records, and non-economic losses such as pain and suffering. Punitive damages are a separate category with a higher bar.

General principles, with California statutes and jury instructions used as labeled examples. Damages rules, caps and definitions differ from state to state. This guide does not value any claim.

Survival action vs. wrongful death: two claims after a fatal injury

When an injury leads to death, the law can recognize two separate claims. A survival action carries on the claim the person who died could have brought. A wrongful death claim compensates the family for losing that person.

General principles, with California statutes and jury instructions used as a labeled example. Each state sets its own rules on who may sue, what is recoverable and when, so other states differ.

Premises liability: when a property owner is responsible for an injury

If you were hurt by a hazard on someone else’s property, the question is usually not whether you were hurt there, but whether the person in control of the property was careless about a danger they knew or should have known about.

General principles, with California’s official civil jury instructions (CACI) as the labeled worked example and a Texas recreational use statute as a narrower example. Visitor categories, notice rules and deadlines differ by state. Claims against government entities are covered only in outline.

Product liability: manufacturing defects, design defects and failure to warn

When a product hurts someone, the legal question is usually what was wrong with it: how it was made, how it was designed, or what the buyer was told about its risks.

General principles, with California’s official civil jury instructions (CACI) as the labeled worked example. Theories, defect tests, defenses and deadlines differ by state. Federal recall and reporting resources are from the U.S. Consumer Product Safety Commission. No 50-state survey.