James Swartz on Personal Injury Law
What is the definition of “Personal Injury”?
In the legal context, a “personal injury” is an injury that occurs to a person, as opposed to an injury that occurs to property. Injuries to a person include a wide scope of injuries, including bodily injuries, mental injuries and even emotional injuries. Personal injuries may become fatal, in which case the estate of a decedent may pursue “wrongful death” claims. The law provides for compensation for personal injury when the damages are caused by someone else’s negligence or carelessness.
What is a “Personal Injury Claim?”
A personal injury claim is the legal proceeding that an injured party brings against the parties that he or she believes are responsible for causing the personal injury damages. Personal injury claims fall under the umbrella of “tort” law. A “tort” is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. Tort law allows the injured party to recover damages, which in the realm of personal injury claims may include the injured person’s past and expected future medical bills, pain and suffering, medical disability and disfigurement, and diminished quality of life. It is important to note that by definition, personal injury claims do not include a claim for damage done to property, such as an automobile or its contents.
What Are the Different Types of Personal Injury Claims?
Click the link below to read about the different types of personal injury claims.