What is Personal Injury

Definition

You hear the words ‘personal injury’ on lawyer commercials all the time. What is personal injury? The term ‘personal injury’ fundamentally refers to any kind of harm that is inflicted on a person’s body, mind or emotions. In the legal context, the term is essentially used to refer to a type of tort lawsuit in which a person who is filing a lawsuit has suffered harm to his or her body or mind. The person who brings in the lawsuit is referred to as the ‘plaintiff’ and the one who is contesting against the lawsuit is called the ‘defendant’.

Scope Of Personal Injuries

Personal injury lawsuits can be filed against a person or an entity for causing any type of bodily or psychological harm. The injury or harm may be caused by negligence, reckless conduct or intentional misconduct. In all lawsuits of personal injury, the plaintiff is entitled to get compensation in the form of ‘damages’. Different states have their own rules and laws to calculate the figure for the damages. They are usually assessed in the form of medical bills, pain and suffering, and overall impact on the quality of the plaintiff’s life.

Types Of Personal Injuries

Some personal injury cases result from an intentional act, such as reckless conduct or defamation. Most personal injury claims are based on a theory of negligence. The most common types of personal injuries are:

1- Road traffic accidents
2- Work-related accidents
3- Accidents from tripping
4- Assault claims
5- Product defect accidents
6- Medical negligence claims
7- Industrial disease claims

Personal injury cases may also include toxic torts, in which a contaminant transmitted via air or water causes illness, injury or death.

What Needs To Be Proved To Seek Compensation?

To hold a party or parties legally liable for injuries, so that damages can be claimed, 4 elements must be proved:

1- The party had a duty to act reasonably according to the circumstances.
2- The party breached the duty.
3- The party’s breach of duty caused harm to the plaintiff.
4- The plaintiff suffered monetary damages due to the harm suffered when the party breached its duty of care.

Compensation

The amount of compensation for a personal injury primarily depends on the severity of the injury. Serious injuries, such as broken bones, severed limbs, brain damage, intense physical pain and suffering receive the most instances of injury settlements.

When you suffer an injury as a result of negligence or intention, you may incur significant medical expenses. You need a personal injury lawyer to help you get financial compensation for your losses. Contact the Law Offices of L. Clayton Burgess to schedule a free consultation with our legal team.