What is considered personal injury ?

What is considered personal injury ?

Personal injuries encompass a wide range of harm inflicted upon an individual, spanning physical, emotional, or reputational damage, distinct from injuries related to property rights.

So, what exactly qualifies as a personal injury?

Personal injury refers to any harm caused to an individual, such as physical injuries, emotional distress, or property damage, resulting from the negligence of another party.

When such injuries occur, it may open the possibility for the injured party to initiate a personal injury lawsuit against the responsible party.

Seeking compensation for the adverse financial repercussions caused by their actions.

An image illustration of Personal injury consideration
Personal injury consideration
Source: (mwgjlaw)

Steps for establishing a personal injury claim

To substantiate a personal injury case, you will typically need certain pieces of evidence.

These may include police or emergency service reports if they were present at the incident, or a copy of the RIDDOR accident report if your employer generated one.

Maintaining a diary that records your medical appointments and documents your physical and mental condition can also be crucial.

When it comes to assessing damages in personal injury cases, there are two main categories.

General damages are non-pecuniary losses, challenging to quantify precisely in court during trial proceedings.

They primarily involve pain, suffering, and reduced quality of life in personal injury claims.

Although various other aspects of general damages must also be taken into account.

What does ‘personal injury’ mean in the realm of tort law?

Tort law primarily deals with civil wrongs, and the most expansive and dynamic aspect of this field is negligence law.

In the context of personal injury claims, individuals who have suffered harm typically pursue legal action based on negligence.

However, there are other relevant legal frameworks to consider as well.

Why might someone choose to initiate a personal injury lawsuit?

Although you might hesitate to burden others, create disruptions, or engage in legal complexities, there are several compelling reasons to file a personal injury claim.

By doing so, you can seek compensation to cover various financial losses.

Such include medical expenses, property damage, lost income, reduced earning capacity, and even the physical and emotional distress caused by the injury.

An image illustration of What is considered personal injury
What is considered personal injury
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What are the 3 categories of injuries?

When it comes to athletic injuries, they can generally be classified into three primary types: Acute, Overuse, and Chronic.

What are the three levels of injuries?

In the context of assessing injuries, we use the Abbreviated Injury Scale (AIS) which categorizes them into three levels: Moderate, Serious, Severe, and Critical.

In personal injury claims, there are also 3 types of damages to consider: economic damages, non-economic damages, and punitive damages.

Economic and non-economic damages are sometimes referred to as special and general damages

What sets personal injury apart from tort?

Personal injury lawsuits fall under the category of torts, but it’s important to note that not all torts are personal injury cases.

Torts encompass any wrongdoing that can be litigated in a civil court, whereas personal injuries specifically pertain to physical harm.

How are injuries classified?

Injuries can be classified into four primary categories: primary, secondary, direct, indirect, and chronic.

Primary injuries arise directly from a sports activity, while secondary injuries result from previous injuries.

This may have been inadequately treated or not treated at all.

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