Personal Injury & Features: A Must Know


The word personal injury itself speaks that there’s any injury that one faces which is of personal nature or to a particular individual. Personal injury as per legal term symbolizes an injury to the physical body, mind or emotions. As per several states, the term ‘personal injury’ as per their jurisdiction is used to refer to tort lawsuits.

Under the tort law suits the plaintiff (injured party) alleges that the injury is caused to the plaintiff due to the negligence of another.

The injury which has been caused includes the following –

  • Bodily injury
  • intentional infliction of emotional distress (IIED)
  • negligent infliction of emotional distress

Common personal injury claims –

The common types of personal injury claims are also different and includes the following types –

  • Road accidents
  • Accidents at workplace
  • Tripping accidents
  • Assault
  • Home accidents
  • Ship accidents

The definition of personal injury was limited earlier but off late its scope has widened and it also includes the following medical injury, industrial injury.

The medical injury includes the following types –

  • Disease cases
  • Asbestosis & peritoneal mesothelioma
  • chest diseases
  • occupational deafness
  • occupational stress
  • contact dermatitis
  • repetitive strain injury


The claim involves negligence on which the whole case depends. And after the claim is proved the injured party is entitled monetary compensation. Many countries have a very complex law system with regards personal injury cases. In most of the cases, abroad if the injured party’s claim or case is not justified properly then there’s no compensation.

Kinds of damages –

There are various kinds of damages. Damages are mostly categorized in two forms –

  • Special damage
  • General damage

Special damages are measurable and include the medical bill, lost earnings, property damage. General damage includes pain, suffering, loss of consortium, defamation effects, emotional injury etc.

Points to be proved –

There are few pivotal points that need to be proved by the injured party for claiming personal injury damages. They are

  • Other Party’s duty to act reasonably as per the circumstances
  • Other Party breached
  • Other Party’s breach of duty caused injured party the injury
  • Lastly, the plaintiff suffered monetary loss due to the other party’s breach in its duty of care.

The compensation scale whether high, low or medium depends upon the case of the injured party.

Lifetime compensation-

Life time compensation is granted only in case in which the injured loses his service or income of life and it is compensated. In some exceptional cases the injured may lose his business profits or the injured that is having a business may get injured and become unable to do business in such cases they are compensated for life

Limitation through time –

Several countries have a law of limitation which is applied in cases which are time bound. Limitation through time or time limitation is a rule where the case of the injured party must be sorted out within 3 years after the injury in some countries or more than 3 years as per the countries rule.

Once the time period is over limitation rule applies, several states in case if the injured part is under the age of 18 then the party can claim till the age of 21.

Personal injury claims must be settled within the time period and all the aspects of must be considered before making the claim.


Different Kind Of Cases That Are Included In Personal Injuries

Personal injury are injuries that an individual suffers due to the negligence of another individual .At times the situation is such that you are doing your work in the right way but due to the negligence of another person you get harmed. In such cases it becomes your rite to take compensation and also to teach a lesson to the one who is negligent towards you. Let us study in detail the different kind of cases that are included in personal injuries:

  1. Accidents cases

Accidents are the most common kind of personal injuries. Accidents happen when one of the two parties is not following the traffic rules. It can be caused due to breaking of traffic rules, drinking and driving etc. The victim is given compensation both for the damage of property as well as the injuries caused on the body. There are number of cases of drinking and driving and underage driving. In such cases accident when happen they cause a lot of damage to both property and life.

  1. Medical negligence by the hand of the doctor or the hospital authority

Any damage that is a result of medical malpractice is personal injuries. This is a situation when a proper medical help is not given to the patient and due to this negligence the patient is injured. A number of such cases come into existence when the patient falls in the hand of unprofessional and inexperienced doctors. When you visit the hospital it is to get yourself treated. It is very disappointing if you suffer loss from the hand of doctor itself.

  1. Cases of Slip and Fall

Such cases also come under the personal injury cases. When a person rent out a property or is working at a particular place then it becomes the responsibility of the owner to make the place safe in a way no mishappening should take place. For example it should be assured that the floor is not too slippery and the stair case are well and safe designed. The balcony has the rallying. All these things should be kept in mind and incase due to the failure and absence of such things any miss happening takes place it is termed at personal injury.

  1. Defamation of character

Defamation is another situation which can be categories as personal injury. Defamation means that your image or character is misunderstood and questioned due to some untrue stories that are spread about you in the society. Most of the big celebrities and business name face such situations. Untrue stories are cooked and their image is hampered

  1. Dog Bites

Dog bites are very harmful and dangerous for the human body. When due to the negligence of the master the dog bites anyone is a situation where a law suit can be filled. The dog bite law suites vary from state to state. All the states have their own rules pertaining to dog bites. The victim is given compensation. Law at times also understands the situation as to what provoked the dog to get furious. If due to the provoking of the other person the situation has arrived then no compensation will be given.


Safeguard Yourself From Personal Injuries

Now days life has become very fast .We are always in a rush to finish our work to the soonest. And in this rush at times things go wrong. Today we shall discuss in detail the concept of personal injuries. Any kind of harm that is caused to an individual due to the mistake of another individual is called personal injury.

It is not necessary that the harm has to be physical it could also be any kind of mental harm. Suppose you are staying in a rented apartment and the stair case of the apartment is not right and you slip this is also a situation of personal injury where in you are harmed due to the negligence of the landlord. You are working in an organization and your boss there gives you a lot of work pressure and this pressure drives you to stress.

This is a situation of psychological personal injury, so personal injury can be termed as any kind of psychological as well as the physical loss caused due to the mistake of someone else. Let us now study the steps you can take in order to get a proper compensation for your loss:

  • The first and the foremost step should be to inform the police. The police will come to your rescue and give you relief. As soon as possible inform the insurance company as you might not get compensation if you do not inform the insurance company on time. You should check with the norms of the company and proceed according to it.
  • There after seek medical help. Even if your injury is minor and can do with a little dressing at home you still must inform the doctor because if you go to the court and ask for the compensation the court will demand for a medical certificate related to your wound. And apart from this at times when the wound is fresh you do not feel the pain later on gradually it starts showing the symptoms so it is best to get a proper check up done in order to avoid suffering any pains in the future. You cannot procure the certificate once the wound is treated.
  • Next you must gather all the information related to the miss happening. Try to click pictures of the spot where the accident took place. Write a detailed written complaint about the exact situation. It would be best if you could get help from the eye witness. If they are willing to give a word as to what happened that will be best. Include their names in your complaint.

Make sure you follow the above mentioned steps in the right channel and then seek help from a professional lawyer for the further proceedings in the court. It is best to settle the dispute peacefully with each other. The person that is responsible should give you proper compensation and the one who has suffered should not stretch the matter. Stretching of matter will only lead to wastage of time and resources.