Defining Personal Injury Laws

Personal injury is a tort law (continue reading for an explanation of a tort law) defined as an injury to a person’s body, mind, or emotions, but not any physical property. For example, if you were to fall in a grocery store due to unattended boxes of cereal the stock boy left in the middle of an aisle, personal injury would cover your broken arm as well as the humiliation of embarrassing yourself in public, but it would not include your cell phone that you dropped on the way down.

Personal injury is a civil law suit made by the injured party to obtain compensation for the injury he sustained to his person. Cases can arise from automobile or workplace accidents, transportation lines with faulty service, privately owned individual locations such as shops with hazards in their layout, or products that cause injury or illness. In other cases, the injuries can be entirely psychological without any physical or tangible damage. Trauma from being in a life-threatening situation or witnessing trauma in others, or being wrongly accused and imprisoned due to another’s actions are also classified as a personal injury. However, a lawyer will have to prove that the defendant is liable by way of negligence or other means of responsibility. To win a case like this, it must also be proven that there was no negligence by the injured party that could have prevented the injury sustained. Winning a personal injury case may recover loss of earnings both past and present, and receive compensation for medical expenses and pain and suffering.

A tort is grounds for a lawsuit recognized by a civil wrong that falls into three categories: intentional torts, negligent torts, and strict liability torts. An intentional tort is purposely causing harm such as simply hitting a person or tampering with their car. A negligent tort is causing harm without intent through unawareness such as a car crash caused by one party running a red light. A strict liability tort is the taking of responsibility for an accident such as making or selling a defective product with or without prior knowledge of the damage it will cause. Some torts are punishable with imprisonment, but the main goal of tort laws is to provide compensation for damages and to deter others from replicating the behavior of the defendant.

Consult with an attorney if you have suffered physical injury, sickness, or unemployment due to the negligent or intentional actions of someone else. If a relative or loved one died as a result of any similar actions, hire a lawyer. Suffering mentally, physically, and financially is unjust when a legitimate personal injury is involved.