Our justice system can be complicated as it involves multiple levels of Courts with different levels of authority. The Cunningham case was first dismissed by the King County Superior Court, then appealed to Division 1 of the Court of Appeals.
Although the overview of liability, causation, and damages (and burden of proof) is a helpful way to understand personal injury claims, it is also true that these legal distinctions do not address or anticipate the evolving roles of insurance companies.
First...What is a personal injury claim? I’d like to break it down into three specific elements. Wikipedia would simply tell you “personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.”