Did you get hurt?

Millions of people every year. Negligence takes the lives and livelihood of countless Americans. The fact is that, according to statistics, there are nearly 400,000 personal injury claims per year throughout the United States.

Not all personal injury lawsuits are created equal.

Each type of personal injury case is different. Knowing what types of personal injury claims exist can make a big difference in how you handle your situation and how much money you might be able to collect.

In this guide:

• The Most Common Personal Injury Claims
• How Does Each Type of Personal Injury Claim Work?
• What You Could Collect
• When You Should Get Professional Help

Disclaimer: We provide this article for general information purposes only. This information should not be relied upon as legal advice or legal opinion about any specific personal injury claim. This is general information based on a combination of primary and secondary sources, including State and Federal law. Laws change frequently, and the law is complex. For advice on a specific personal injury claim, you should hire an attorney.

Why You Should Care About The Different Types of Personal Injury Claims

Millions of people every year file a personal injury claim for some reason.

Whether it’s a workplace accident, medical malpractice, car wreck, dog bite or slip-and-fall injury. Personal injury law covers a huge amount of accidents and losses.

But here’s what most people don’t know.

The type of personal injury lawsuit you file matters a lot. Each category has different rules, deadlines, and potential payouts.

Figuring out which bucket your claim falls into is a good first step to understanding what you’re dealing with.

Oh, and by the way?

Most lawsuits never go to court. In fact, the success rate for personal injury lawsuits is pretty high. About 95% of personal injury lawsuits end with a pre-trial settlement.

So even if you do end up suing the other person, you might not have to go to court.

Still, even if your case doesn’t have to go to court, it helps to know where you stand. The better prepared you are, the more likely you are to get the money you deserve.

Motor Vehicle Accidents – the most common type of personal injury claim

Motor vehicle accidents make up the largest share of personal injury claims.

Automobile crashes account for a huge 52% of all personal injury claims. With 4.5 million reported injuries each year from vehicle accidents, car wrecks are clearly a big problem.

But here’s the thing.

Motor vehicle accident cases are different from other personal injury claims in a few key ways:

• Insurance companies are usually involved (but sometimes they aren’t)
• There can be more than one liable party
• Medical expenses can add up quickly
• Lost wages are often higher

The average auto liability claim for bodily injury in 2022 was $26,501.

But every case is different. If you were injured in a car wreck, you have to deal with insurance adjusters, medical records, and fault determinations. An experienced injury attorney in Duluth can help you navigate the legal system and get the money you need.

Slip and Fall Accidents – more dangerous than they appear

Slip and fall lawsuits are more serious than most people think.

They account for another 22% of personal injury claims. And here’s a sobering statistic — in 2022, unintentional falls were the 13th leading cause of death, with 44,630 fatal injuries.

Slip and fall accidents usually happen due to wet floors, uneven surfaces, poor lighting, broken stairs, or uncleared snow and ice.

Property owners have a legal duty to maintain their premises in a reasonably safe condition. If they don’t and someone gets hurt, they can be held liable for injuries.

The problem with slip and fall cases is proving the property owner knew (or should have known) about the dangerous condition that caused the fall.

Medical Malpractice – the riskiest of claims

Medical malpractice is a tricky business.

About 17,000 medical malpractice claims are filed each year in the United States. That’s a tiny number when you consider how many car accidents are out there. But these cases are complicated and expensive.

The average medical malpractice settlement in 2024 was $423,607.

Large jury awards are possible, as well. In fact, the average amount awarded by a jury for medical malpractice is $1.8 million.

You’re not guaranteed this amount for your case. In fact, most of these medical malpractice lawsuits are losers.

Medical malpractice cases are extremely difficult to win. Plaintiffs win only about 19% of medical malpractice trials. You have to provide expert medical testimony and show there was a high burden of proof.

Misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to treat are all common causes of medical malpractice cases.

Workplace Injuries – what happens when your job hurts you

Injuries at work are more common than you think.

There were 5,283 fatal work injuries in the US in 2023. In one year, private employers reported 2.8 million non-fatal workplace injuries in the United States.

Most workplace injuries are covered by workers’ compensation insurance. This is a no-fault system that provides benefits regardless of who caused the accident.

In some cases, you can also have a personal injury lawsuit. This is if:

• Someone other than your employer caused the injury
• Your employer failed to have workers’ comp insurance
• You were injured by a defective product

Product Liability – what to do when products attack you

If products harm you, you have a product liability lawsuit.

Product liability is a legal claim when you are injured by a product. You have to show that the item was unreasonably dangerous due to a design or manufacturing defect or lack of adequate warnings.

Median payout in a product liability lawsuit is $748,000. Product liability cases tend to have larger settlements than other types of personal injury lawsuits.

Manufacturers often have the resources and deep insurance pockets to pay these settlements.

Premises Liability – accidents on other people’s property

Premises liability cases happen when someone gets hurt on someone else’s property.

The owner of the property can be liable for failing to provide adequate security and causing assault, swimming pool accidents, dog bites, falling objects, or elevator accidents.

The success rate for premises liability trials is 39%. As with slip and fall cases, these lawsuits often hinge on proving the property owner knew about the dangerous condition.

Wrongful Death – when negligence causes a fatality

If a loved one dies due to someone else’s negligence, you might have a wrongful death lawsuit.

Wrongful death cases can arise out of any of the above types of accidents. Car crashes, medical malpractice, workplace accidents, or defective products are all potential sources of wrongful death claims.

Damages can include medical expenses incurred prior to death, funeral and burial costs, loss of future earnings, and pain and suffering for survivors.

Wrapping Things Up

Personal injury claims are a wild assortment of lawsuits.

From minor fender-benders to medical malpractice nightmares, every type of personal injury case is unique. The best thing you can do is understand what types of claims exist and get the right help when you need it.

Remember these points:

• Motor vehicle accidents make up the largest share of personal injury lawsuits
• Medical malpractice claims are the riskiest but can pay off the most
• Most lawsuits end with a pre-trial settlement, not a court trial
• Don’t wait to hire a lawyer, you only have a short time to file a personal injury lawsuit

If someone else’s negligence caused your injury, it’s not your problem. Insurance companies are always looking for ways to pay out less money.

Get the help you need to fight for your rights and get the money you deserve.