Personal injury is actually a legal word for an injury to one’s body, mind, or feelings, rather than an injury to tangible property. In English, the word is most often used to describe a kind of civil lawsuit in which an individual who has been injured has actually suffered a personal injury to his/her body or emotions. The term was first in use in the latter sense in the 16th century and was used in a narrower sense only a short time later in England. Personal injury in the narrower sense of the word still remains common today. In any event, it is in this latter sense that we speak of personal injury.
Accidents are personal injuries. Damages done to a person by another individual are personal injury claims. Other types of personal injury claims include disease (as opposed to civil harms), mental agony, industrial accidents, and birth defects. Motor vehicle accidents, dog bites, and medical malpractice are also some of the types of personal injury claims.
Some forms of bodily injury happen because of someone else’s negligence. For example, a pedestrian sustaining a foot injury because of a poorly placed bicycle pedal is not a case of negligence per se but is a case of civil negligence. Likewise, a child riding a motorbike that goes up a private road in the wrong direction is responsible for personal injuries sustained to that child. In both cases, the negligent party’s legal aspects come into play.
In addition to civil negligence, there are two other legal aspects that come into play if a person suffers personal injury lawsuits. These are damages for pain and suffering, and damages for lost wages. Punitive damages are also possible.
Punitive damages are available in cases where an individual who is the victim of an accident must pay for medical bills, pain and suffering, and whatever other physical effects were incurred as a result of the incident. An example of this would be someone in a car accident that was hit by a truck. The truck driver should have looked out for other vehicles on the road, as well as pedestrians, and should have taken all precautions to avoid hitting the vehicle in the first place. If an individual who has been in a car accident that was due to negligence acts negligently, they may be able to receive punitive damages. Again, the legal aspects involved can be complex.
Physical damages, on the other hand, relate to what has happened to a person’s body. Accidents can result in whiplash, broken limbs, or even death. In instances like these, the person filing the personal injury claim will be seeking financial damages. In order to calculate these damages, a medical expert can look at how the injuries were sustained, any emotional toll they have taken on the victim and their overall health, and how much it would cost to replace and repair the victim’s life. If the actual fault is attributable to another party, then another party might also have a duty to compensate for these losses. For example, if you are killed because of a drunk driver who was driving irresponsibly, you might be able to receive monetary damages from the negligent party.
There are a few other types of damages that are considered in cases that involve negligence. Some of these include punitive damages, which are meant to send a message to the other party, as well as damages for pain and suffering, which can be particularly difficult to receive as a victim. Another common form of monetary compensation is damage to one’s reputation. If your reputation is being damaged because of something that another person did, you may be able to seek damages for that as well.
Finally, the personal injury solicitor will handle the issues of lost wages and medical expenses. In many situations, these types of injuries are never covered by insurance companies because they occur when you are at-fault. Therefore, the fees that are associated with obtaining this type of compensation can prove to be quite substantial. These expenses can include lost wages, medical costs, pain and suffering, and more.