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
- 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.
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.