Practice Areas

May 29, 2026 - Personal Injury by Cross & Smith

Personal injury is a legal cause of action that arises when someone is injured by the negligence or wilful misconduct of another. These types of injuries can include car accidents, accidents on the premises of others, and other harms. In order to bring a personal injury claim, the injured person – known either as the plaintiff or claimant – must prove the following: The person responsible for the harm – also known as the defendant – had a duty of care to the plaintiff The defendant breached the duty of care The breach of the duty of care caused the harm The harm is compensable As to the first and second elements, it is generally the case that people have a duty of care to avoid harming others, whether when operating a vehicle, maintaining their premises, or acting as a physician or other type of caregiver. As to the third element, the plaintiff must show that the failure to meet the duty of care was directly responsible for the harm. In order for an injury to be compensable, the plaintiff must establish that he or she suffered actual damages that are more than de minimis.  Damages which may be recovered by a plaintiff who is able to prove those four elements of a personal injury case include the following: Economic damages: These damages are considered compensatory. A plaintiff may recover out-of-pocket costs and expenses, including medical expenses, past and future lost wages, damages for property losses, and similar damages. These […]