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Types of Personal Injury Cases

Every category of personal injury case, with the legal theory you’ll need to prove, typical value ranges, and the right calculator for each. Built from 22M+ legal records across 8 government sources.

Reviewed by Leonard Goldberg, Editor · Last updated May 15, 2026

Motor Vehicle AccidentsPremises LiabilityMedical MalpracticeProduct Liability & Mass TortWorkplace InjuriesWrongful Death & SurvivalIntentional Torts & AbuseBy Specific Injury

Motor Vehicle Accidents

Cars, trucks, motorcycles, rideshare, bicycle, pedestrian

Burden of proof

Negligence (duty + breach + causation + damages)

Typical value range

$5K — $5M+ (median ~$24K for car crashes)

The largest single category of personal injury cases. Liability is usually governed by the rules of the road, the state's fault rule (pure comparative, modified, or pure contributory), and the at-fault driver's insurance limits. Federal Motor Carrier Safety Regulations apply to commercial trucking and unlock larger insurance pools. Rideshare cases involve a tiered coverage stack (driver's personal policy, Uber/Lyft contingent + active-trip $1M).

Calculators
Car Accident →Truck Accident →Motorcycle →Rideshare (Uber/Lyft) →Pedestrian →Bicycle →

Premises Liability

Slip and fall, dog bite, swimming pool, building defect

Burden of proof

Property owner's duty depends on visitor status (invitee/licensee/trespasser)

Typical value range

$10K — $1M+ depending on injury severity

Property owners owe different duties depending on who's on their property. The highest duty is to invitees (customers in a business). Slip and falls are the most common premises case — winning usually requires proving the owner knew or should have known about the hazard. Dog bites in strict-liability states (CA, FL, etc.) skip negligence entirely.

Calculators
Slip and Fall →Premises Liability →Dog Bite →

Medical Malpractice

Misdiagnosis, surgical errors, birth injuries, prescription errors

Burden of proof

Departure from standard of care (expert affidavit usually required)

Typical value range

$100K — $30M+ (most caps apply to non-economic only)

Among the most complex PI cases. Most states require an expert affidavit of merit filed with the complaint (TX §74.351, IL §5/2-622, NC Rule 9(j) etc.). Damage caps (Texas $250K/$750K; California MICRA $470K/$650K rising under AB 35) apply only to non-economic damages — economic damages and future care are uncapped. SOL is shorter than general PI in most states; statutes of repose can cut off cases discovered late.

Calculators
Medical Malpractice →

Product Liability & Mass Tort

Drug recalls, defective devices, contaminated products

Burden of proof

Manufacturing defect, design defect, or failure to warn (often strict liability)

Typical value range

$5K — $5M+ per claimant; aggregate settlements in billions

Strict-liability products cases don't require proof of carelessness — only that the product was defective and caused harm. Mass tort and MDL consolidation (Roundup MDL 2741, talc MDL 2734, Bard IVC MDL 2641) handle thousands of individual cases efficiently. Each plaintiff still has individual damages.

Calculators
Medical Device →Roundup →Talcum Powder →3M Earplug →Hernia Mesh →Philips CPAP →Bard IVC Filter →Paragard IUD →Hair Relaxer →Ozempic →Exactech Recall →Asbestos →Mesothelioma →Camp Lejeune (PACT Act) →

Workplace Injuries

Construction, OSHA violations, occupational disease

Burden of proof

Workers' comp is no-fault; third-party suits require negligence

Typical value range

Comp: schedule-based / Third-party: $50K — $5M+

Most workplace injuries are exclusively handled through workers' compensation — no-fault but capped. The valuable cases are third-party claims against equipment manufacturers, subcontractors, premises owners, or drivers — those bypass workers' comp's exclusive-remedy bar. New York Labor Law §240 (gravity-related construction injuries) is one of the most plaintiff-favorable statutes in the country.

Calculators
Workers' Compensation →Construction Accident →

Wrongful Death & Survival

Loss of a family member due to negligence

Burden of proof

Statutory claim by surviving family / personal rep

Typical value range

$500K — $20M+ (especially with young high-earning decedents)

Different from any other PI case because the injured person isn't bringing the claim — surviving family or the estate is. Damages include economic loss (lost earnings, services, financial support) and non-economic (loss of companionship, mental anguish). Florida §768.21(8) sharply limits which family members can recover. Statutory limits vary by state.

Calculators
Wrongful Death →

Intentional Torts & Abuse

Assault, sexual abuse, institutional abuse

Burden of proof

Intent vs. negligence; abuse cases often have revival windows

Typical value range

$100K — $10M+ depending on severity + institutional defendant

Several states have opened revival windows for previously time-barred sexual abuse claims (CA AB 218/2777, NY CVA + ASA, NJ, MD). These reset the SOL for childhood abuse victims and unlock institutional defendants (dioceses, schools, scouts, hospitals). The Maryland 2025 cap-reduction is a major development.

Calculators
Sexual Abuse →

By Specific Injury

Back, knee, TBI, soft-tissue, herniated disc

Burden of proof

Injury-type valuation regardless of cause

Typical value range

$5K — $5M+ depending on permanence

Some calculators are organized by injury rather than accident type. Useful when you know what's wrong but the legal theory is still developing, or for cross-checking the multiplier against your specific injury profile.

Calculators
Back Injury →Knee Injury →Concussion / TBI →Herniated Disc →Whiplash →Soft Tissue Injury →Pain and Suffering →

Pick the right calculator

Each calculator applies the correct legal theory, state rules, and damages structure. All free, no email.

Browse all 180+ calculatorsHow much is my case worth?

Browse All Guides

23 comprehensive guides covering every part of a personal-injury claim — from accident to settlement check.

How Much Is My Case Worth?

Adjuster's formula + worked examples

The Claim Process

9 stages from accident to check

PI Lawyer Cost

Contingency fees, sliding scales

After a Car Accident

10-step guide for the first 48 hours

Negotiate with Adjusters

9 principles + adjuster-tactic responses

Demand Letter Template

7-section template + sample text

Personal Injury FAQ

30+ plain-English answers

PI Statistics (Citable)

28.5M+ records, key figures

Average Settlement by Injury

Median + range for 10 injury types

Statute of Limitations

All 51 jurisdictions × 4 claim types

Workers' Comp by State

51 states ranked by max weekly TTD

No-Fault Insurance States

12 + DC PIP minimums & thresholds

Insurance Bad Faith

Triggers + state-by-state remedies

Comparative Negligence by State

All 50 fault rules + citations

How to Find a PI Lawyer

6 steps + 12 questions + 7 red flags

Workers' Comp Claim Process

8-stage timeline + third-party suits

How Much Is My WC Case Worth?

Formula, scheduled losses, third-party

Legal Research Sources

30+ authoritative gov + bar sources

PI vs Workers' Comp

Side-by-side comparison + 6 scenarios

Punitive Damages by State

51-state caps + Gore due-process

Can I Sue for Pain & Suffering?

Yes/no guide + 10 FAQs

Legal Glossary

50+ legal & insurance terms

SISettlement Insight

Free, data-driven settlement calculators built on the largest public dataset of U.S. legal payouts.

28.5M+
Public records
$209B
Payouts analyzed
17
Gov. sources

Calculators

  • Car Accident
  • Truck Accident
  • Motorcycle
  • Workers' Comp
  • Slip and Fall
  • Medical Malpractice
  • Whiplash
  • Dog Bite
  • Camp Lejeune
  • Mesothelioma
  • Hernia Mesh
  • Roundup
  • Talcum Powder
  • BCBS ($2.67B)
  • View all calculators→

Resources

  • Methodology
  • How Much Is My Case Worth?
  • PI Lawyer Cost
  • Statute of Limitations
  • After a Car Accident
  • Workers' Comp by State
  • The PI Claim Process
  • Demand Letter Template
  • Negotiate with Adjusters
  • Avg Settlement by Injury
  • PI FAQ (30+ Q&As)
  • Legal Glossary
  • Types of PI Cases
  • No-Fault States
  • Insurance Bad Faith

Research & Company

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  • Federal Payments ($60B)
  • Damage Caps by State
  • Settlement Heatmap
  • Settlement Data
  • PI Statistics (28.5M+)
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Settlement Insight is not a law firm and does not provide legal advice. All settlement data is derived from public government records. Estimates are illustrative and not a guarantee of any outcome — your actual case value depends on jurisdiction, liability, and insurance limits.

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