Practice Area Spotlight

Personal Injury

Personal injury lawyers use Midpage to research liability, damages, and lien questions — from auto and premises cases through construction, products, and medical malpractice. The statutes, regulations, and case law behind that work are collected below.

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How Personal Injury Lawyers Use Midpage

Browse to see how Midpage works through liability and damages questions from real lawyers.

Billed vs. Paid Medical DamagesCan a personal-injury plaintiff recover the full amounts billed for medical treatment, or only the discounted amounts the providers actually accepted from health insurance?Noneconomic Damages CapsAre statutory caps on noneconomic damages in personal-injury and medical-malpractice cases constitutional? How have state supreme courts ruled on challenges to them?Medicaid Liens After GallardoA client’s personal-injury case is settling and the state Medicaid agency has asserted a lien. How much of the settlement can the agency actually reach?Scaffold Law Sole Proximate CauseIs a worker’s own conduct ever a defense to a New York Labor Law § 240(1) claim, or is the owner’s liability truly absolute?Serious Injury Threshold in New YorkWhat proof do New York courts require to satisfy the no-fault serious-injury threshold in a car-accident case, and what typically defeats these claims at summary judgment?Loss of Chance in Medical MalpracticeCan a patient recover for a missed diagnosis if the underlying disease would probably have been fatal even with timely treatment — and if so, what damages are available?

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Core Personal Injury Collections

The statutes, regulations, and courts behind injury practice.

The comparative-fault, damages, wrongful-death, and no-fault anchors in the big state codes, searchable across all 50 states — plus the federal statutes that frame auto, rail, maritime, and government-liability cases and the lien rules behind every settlement.

California wrongful death Who may sue for wrongful death — spouse, domestic partner, children, and dependent heirs	Cal. Civ. Proc. Code § 377.60
California survival actions The decedent’s own causes of action survive death and pass to the estate	Cal. Civ. Proc. Code § 377.30
New York comparative fault Pure comparative negligence — culpable conduct diminishes but never bars recovery	N.Y. C.P.L.R. 1411
Texas proportionate responsibility The 51% bar — a claimant more than half responsible recovers nothing	Tex. Civ. Prac. & Rem. Code § 33.001
California duty of ordinary care Everyone is responsible for injury occasioned by want of ordinary care — the duty anchor behind Rowland	Cal. Civ. Code § 1714
MICRA noneconomic damages cap The post-AB 35 escalating caps on noneconomic damages in professional negligence actions	Cal. Civ. Code § 3333.2
Texas medical liability caps The $250,000-per-claimant noneconomic caps in health care liability claims	Tex. Civ. Prac. & Rem. Code § 74.301
New York no-fault threshold The serious-injury definition and the bar on suing for basic economic loss in motor-vehicle cases	N.Y. Ins. Law §§ 5102, 5104
Graves Amendment No vicarious liability for rental and leasing companies absent negligence or criminal wrongdoing	49 U.S.C. § 30106
New York scaffold law Absolute liability for elevation-related hazards — the gravity-risk statute at the center of construction practice	N.Y. Lab. Law § 240
Construction site safety duties Reasonable and adequate protection in construction, excavation, and demolition — § 241(6) claims rest on Industrial Code predicates	N.Y. Lab. Law § 241
FTCA waiver & liability The tort-claims waiver of sovereign immunity — the United States liable like a private person	28 U.S.C. §§ 1346(b), 2674
FTCA exceptions The discretionary-function, intentional-tort, and foreign-country carve-outs that defeat FTCA suits	28 U.S.C. § 2680
FELA Railroad liability for employee injury or death resulting in whole or in part from negligence	45 U.S.C. § 51
Jones Act A seaman’s negligence action against the employer, incorporating the FELA remedies	46 U.S.C. § 30104
Medicare Secondary Payer Medicare’s secondary-payer rules and conditional-payment recovery in liability settlements	42 U.S.C. § 1395y(b)
Medicaid third-party recovery The assignment and anti-lien provisions reconciled in Ahlborn and Gallardo — how far the state can reach into a settlement	42 U.S.C. §§ 1396k, 1396p
PLCAA The bar on qualified civil liability actions against firearms makers and sellers — and its predicate exceptions	15 U.S.C. §§ 7902–7903
California limitations period The two-year window for assault, battery, and negligence claims for injury or death	Cal. Civ. Proc. Code § 335.1

The federal safety codes that supply negligence-per-se standards in trucking, products, and construction cases — plus the Medicare lien rules and New York’s Industrial Code, the predicate for Labor Law § 241(6) claims.

FMCSA hours of service Driving-time limits and electronic logging — the negligence-per-se anchors in trucking cases	49 CFR Part 395
FMCSA driver qualification Qualification files and medical certification — the backdrop for negligent-hiring and entrustment claims	49 CFR Part 391
Federal Motor Vehicle Safety Standards The FMVSS behind crashworthiness claims and Geier-line preemption fights	49 CFR Part 571
OSHA construction standards Fall protection, scaffolds, excavations, and cranes — the construction safety code	29 CFR Part 1926
Medicare Secondary Payer regulations The MSP rules for liability, no-fault, and workers’ compensation settlements	42 CFR Part 411
New York Industrial Code Protection in construction, demolition and excavation — the concrete specifications that support § 241(6) liability	12 NYCRR Part 23
Federal Register Rules NHTSA, FMCSA, and OSHA rulemakings as published	1994–present

The agency materials that shape injury litigation and settlement — CMS’s secondary-payer manuals are searchable now; NHTSA and OSHA guidance collections are on the way.

CMS Medicare Secondary Payer Manual CMS Pub. 100-05 — conditional payments, set-asides, and recovery procedures	Manuals
Federal Register Notices NHTSA recall and defect-investigation notices and DOT and OSHA regulatory notices as published	Notices
NHTSA recalls & defect investigationsComing soon Recall reports, defect investigations, and compliance decisions	Guidance
OSHA letters of interpretationComing soon Interpretation letters and enforcement directives construing the safety standards	Guidance

The forums where injury cases are litigated — overwhelmingly the state courts, with a federal overlay in diversity, FTCA, and mass-tort proceedings.

Appellate

State supreme and intermediate appellate courts across all 50 states, plus the U.S. Supreme Court and all 13 federal circuits for preemption, FTCA, and maritime questions

Trial

State trial courts — where most injury cases are litigated; U.S. District Courts — diversity actions, FTCA suits, and removal fights

MDL & mass torts

Multidistrict litigation under 28 U.S.C. § 1407 — consolidated products and mass-tort proceedings and their bellwether rulings

Browse all US laws and courts

Key Cases

The controlling authorities — linked to full text, treatment, and citing decisions in Midpage.

Research personal injury law with Midpage.

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Personal Injury

How Personal Injury Lawyers Use Midpage

Core Personal Injury Collections

Key Cases

Palsgraf v. Long Island R.R. Co.

Greenman v. Yuba Power Products, Inc.

Rowland v. Christian

Li v. Yellow Cab Co.

Daubert v. Merrell Dow Pharmaceuticals, Inc.

BMW of North America, Inc. v. Gore

Wyeth v. Levine

Howell v. Hamilton Meats & Provisions, Inc.

Mutual Pharmaceutical Co. v. Bartlett

Ford Motor Co. v. Montana Eighth Judicial District Court

Gallardo v. Marstiller

Gardner v. Norman

Clark v. Leigh

Research personal injury law with Midpage.