Personal injuries are the result of someone else's negligence, recklessness, or carelessness, and may entitle you to financial compensation for your injury-related expenses. Sometimes personal injury claims are classified more specifically, in many cases, by the exact nature of the injury suffered. For example, burns, traumatic brain injuries, and wrongful death. Personal injury rules apply in situations where someone acts negligently and carelessness causes harm to another person.
Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases. Learn More About Negligence in Personal Injury Cases. No two accidents are exactly the same, so no two personal injury cases follow the same path. But there are some standard steps that most personal injury cases take, from a general standpoint.
In addition, personal injury liability insurance compensates for injuries to other drivers, passengers, or pedestrians in cases where the insured is at fault in a car accident. This compensation will be provided for the particular injury involved in the insurance claim. It's different from property damage liability coverage. Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property.
In common law jurisdictions, the term is most commonly used to refer to a type of tort claim in which the person who filed the lawsuit (the plaintiff in English law or the plaintiff in US jurisdictions) has suffered damage to his body or mind. Personal injury claims are brought against the person or entity that caused the damage through negligence, gross negligence, reckless conduct, or intentional misconduct and, in some cases, on the basis of strict liability. Different jurisdictions describe damages (or things for which the injured person can be compensated) in different ways, but damages generally include the injured person's medical bills, pain and suffering, and decreased quality of life. The phrase “pain and suffering” refers to a legal term that describes the physical and emotional injuries suffered by a victim following an accident.
Any substantial physical pain or mental distress you suffer after an accident may qualify as pain and suffering for liquidation purposes. In some cases, if a victim dies from a personal injury accident due to someone else's negligence, the family's wrongful death lawsuit may also include the loss of the consortium. Bodily injury may be referred to in criminal court cases, referring to injuries sustained by someone who has been the victim of an assault or other crime. Personal injuries are commonly mentioned in civil court lawsuits and cover all costs incurred as a result of an accident or wrongful death.
Despite the general distinction between bodily injury and personal injury in insurance contracts, auto insurance known as personal injury protection (PIP) covers medical expenses for bodily injuries. The big difference is the type of damages you can recover in a personal injury lawsuit, including non-economic damages. Bodily injury is a narrower term than personal injury and can involve physical injury suffered by another person or in an accident. When someone has personal injury insurance, it covers the costs of the other person involved in the accident.
In the United States, personal injury, in the sense of bodily injury to others, is often covered by liability insurance. As long as one party is injured or sick as a result of another party's negligence and there are demonstrable damages, you can have a valid personal injury case. The most obvious example of a personal injury involving bodily harm is a car accident lawsuit. With more than 30 years of experience fighting for personal injury victims in the Las Vegas Valley, Attorney Adam S.
Other causes of personal injury claims include conditions that are often classified as occupational diseases. If you have suffered a personal injury and would like more information on how to file a claim, do not hesitate to contact us. Any good personal injury lawyer can help make the process of filing a claim fairly straightforward, starting with telling you if you have a justifiable claim. For example, in the United States, most injuries that occur while the injured person is working for an employer are compensated through a no-fault workers' compensation system.
For example, when legislatures passed workers' compensation laws, they essentially took all work-related injury cases outside the scope of personal injury and made workers' compensation the sole remedy for injured workers (in most cases excluding injury-related lawsuits against employers). In the United States, for federal taxes payable to the IRS, money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses, and property damage is normally not taxable. Personal injury law can be quite complicated, especially if the claimant has no previous experience with the legal system. .