The Seven Primary Types of Personal Injury Cases

There are at least seven primary types of personal injury cases, as follows:

1. Intentional Torts. A tort is a civil wrongdoing. Intentional torts include intentional acts which result in personal injury to a victim. Common examples of intentional torts include battery and assault. The victim of an intentional tort has a legal cause of action against the at-fault party who committed the intentional tort.

2. General Negligence. Negligence is also a tort. However, unlike intentional torts, negligence occurs when a person or entity causes an accident by failing to act reasonably under the circumstances, despite whether they intentionally caused an accident. This broad category of torts includes many specific subcategories and consists of the vast majority of legal claims made by personal injury victims, such as car accidents.

3. Car accidents. Car accidents generally involve a claim for the tort of negligence. That said, this subcategory of negligence is unique in that the federal government and most states have enacted special statutes governing drivers, vehicles, and car insurance. Said statutes create so many unique legal issues that car accident litigation is generally considered a unique subcategory of personal injury claims.

4. Premises liability. Premises liability laws cover the duty of a landowner, landlord, tenant, property manager, and similar entities to persons on the property. Landowners owe persons on the property unique duties dependent upon whether the person is an invitee, licensee, or trespasser. Again, while the vast majority of premises liability cases involve the general tort of negligence, these unique legal issues in premises liability cases are such that this area of the law is generally considered a separate subcategory of personal injury claims.

5. Professional malpractice. Professional malpractice is another specific type of negligence claim involving the negligent acts of a professional, such as a doctor or lawyer. Most states have enacted special statutes applicable only to professional malpractice claims. This specific area a negligence is again, a separate subcategory of personal injury claims.

6. Product liability. Product liability involves the duty of product manufacturers, distributors, and retailers to product purchasers and users. While many product liability claims involve negligence claims, they also usually involve claims specific to this area of the law, such as strict liability and failure to warn. Again, this is a unique subcategory of personal injury claims.

7. Wrongful death. Each state has enacted wrongful death statutes governing the claims that can be made and the damages which can be recovered when a tort causes a victim's death. A wrongful death claim can be made in conjunction with any of the foregoing categories and subcategories of torts; however, the uniqueness of these claims warrants a separate subcategory of personal injury claims.

While there are many other types and subtypes, the foregoing are at least seven of the primary types of personal injury cases.