Personal Injury

Personal Injury: Personal injury refers to any harm inflicted upon a person’s body, mind, or emotions. It stands in contrast to injuries affecting property rights. Here are the key points:

1. Scope:

   • Personal injury encompasses a wide range of situations where an individual suffers harm due to someone else’s actions or negligence.
   • It includes physical injuries (like those from car accidents or workplace incidents), emotional distress, and damage to reputation.

2. Grounds for Personal Injury Claims:

   • Negligence: Most personal injury claims are based on negligence. Negligence occurs when someone fails to exercise the level of care that a reasonable person would under similar circumstances. For instance, a careless driver causing an accident.
   • Strict Liability: This holds a defendant liable regardless of intent. If a defective product harms someone, the manufacturer is responsible even if they didn’t act negligently.
   • Intentional Wrongs: These result from deliberate actions by the defendant—for example, assault or intentional infliction of emotional distress.

3. Causes of Action:

   • Bodily Harm: Personal injury claims often arise from physical injuries, such as automobile accidents, workplace incidents, or medical malpractice.
   • Non-Bodily Harm: Sometimes personal injury extends beyond physical harm. Examples include intentional infliction of emotional distress, defamation, or false imprisonment.

4. Damages:

   • If a plaintiff succeeds in their personal injury claim, they receive monetary compensation (damages).
   • Common types of damages include:
     • Medical Expenses: Covering treatment costs.
     • Lost Wages: Compensation for time off work due to injuries.
     • Pain and Suffering: Non-economic damages for physical and emotional distress.
     • Mental and Emotional Distress: Recognizing the psychological impact.