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Personal Injury
Personal injury includes every variety of injury to a person. This can be bodily injury, emotional injury, or injury to reputation. This is to be understood as something different than damage to property or belongings including pets.
What does a personal injury claim cover?
A personal injury claim is a type of tort claim. Tort claims seek to determine two issues. First, the issue of liability – who was responsible. Second, the extent of the damages (injury) sustained. Regardless of whether the act that caused the injury was intentional or accidental (negligence) - by proving liability and damages, our justice system should award you compensation for your loss.
Types of personal injury claims.
Personal injury claims are most often concerned with actions that caused bodily harm. However, valid personal injury claims of non-bodily harm can also be brought.
Negligence
Most commonly, personal injury claims are brought on the grounds of negligence. This is when an individual fails to act with a level of care that an ordinary individual would.
Strict Liability
Under strict liability, a person is held liable for an injury caused by their action(s) even if they were not acting carelessly or with ill intent.
Intentional Wrongs
Most commonly, personal injury claims are brought on the grounds of negligence. This is when an individual fails to act with a level of care that an ordinary individual would.
Examples of Bodily Harm Personal Injury Claims
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Auto Accidents
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Workplace Accidents
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Sexual Abuse
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Medical Malpractice
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Elder Abuse
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Nursing Home Abuse
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Toxic Torts
Examples of Non-bodily Harm Personal Injury Claims
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Intentional Infliction of Emotional Distress
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False Arrest or Imprisonment
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Malicious Prosecution
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Invasion of Privacy
Damages in a Personal Injury Case
When a personal injury victim can show that another party is liable for their injuries, they will likely be able to collect a sum of money for the injuries they sustained. This awarded money, known as ‘damages’ is intended to compensate the injured individual. Common damages in a personal injury claim, often include:
Medical Bills
Future Medical Care
Lost Wages
Diminished Earning Potential
Pain, Suffering and Emotional Distress
Cost Associated with Disability
