Welcome. I'm Gigi M. Knudtson. Over my career, I've guided countless individuals through the complex aftermath of an accident or harmful event. The first and most critical step is always understanding what the law recognizes as a "personal injury." This term is a legal cornerstone, and its precise meaning determines whether you have the right to seek redress. Let's demystify this concept together, moving beyond simple dictionary definitions to the practical legal reality that affects cases every day.
Many people believe a personal injury must involve a broken bone or a visible wound. In my experience, this is a dangerous misconception. The legal landscape is far more nuanced, encompassing invisible wounds and losses that are just as real and compensable. This guide will walk you through the foundational elements of personal injury law, the diverse types of injuries recognized, and the common scenarios where these legal principles apply.
Personal injury law, or tort law, exists to make an injured person "whole" again—at least financially—when someone else's misconduct causes harm. It's not about punishing the wrongdoer (that's criminal law) but about restoring the victim. The core mechanism is a civil lawsuit seeking monetary damages.
The vast majority of personal injury cases are based on a theory of negligence. To succeed, you (through your attorney) must establish four key elements by a preponderance of the evidence (meaning it's more likely than not):
A critical lesson I've learned is that causation is often the battlefield of a case. An insurance adjuster might concede duty and breach but fiercely argue that a pre-existing condition, not their client's actions, is the true cause of your pain. A meticulous medical paper trail is your strongest armor in this fight.
By Gigi M. Knudtson, Founder
While negligence is common, injuries can also be pursued under other legal doctrines:
The phrase "personal injury" casts a wide net. Courts recognize several distinct categories of harm.
This is the most straightforward category. It includes any physical damage to your body.
The law no longer dismisses invisible wounds. You can seek compensation for significant emotional trauma, even without a physical impact, though the bar for proof is higher.
Injuries to your character and standing in the community fall under torts like libel (written defamation) or slander (spoken defamation).
This claim, typically brought by a spouse, seeks damages for the loss of companionship, affection, and sexual relations due to the injured party's condition.
These legal principles come to life in specific, all-too-common situations. If you've been harmed in any of the following ways, you are likely dealing with a personal injury matter.
[VISUAL: Professional Infographic titled "Common Causes of Personal Injury Claims"]
Icons representing: A car (Motor Vehicle Accidents), a building (Premises Liability/Slip & Fall), a medical cross (Medical Malpractice), a product (Defective Products), and a document (Workplace Injuries).
Your actions in the moments, hours, and days after an incident can profoundly impact your ability to prove your claim later.
Personal injury law is primarily state law. Two of the most important rules—the statute of limitations and the rules for reducing compensation based on your own fault—vary significantly. The table below highlights key differences across select states.
Never assume the law in your state is the same as what you hear about from family in another. I once consulted with a client who moved from a "comparative fault" state to a "contributory negligence" state like Virginia after her accident. The difference in the law meant the difference between a substantial recovery and getting nothing. Jurisdiction is everything.
By Gigi M. Knudtson, Founder