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The Definition of Personal Injury from a Legal Standpoint

On Behalf of | Aug 30, 2011 | Personal Injury

Accidents and injuries are inevitable in life, especially considering all of the interactions that take place between individuals in our daily lives. When is it just an “accident”, and when should someone else be held legally responsible?

While mishaps and tragedies are bound to occur, some incidents could be prevented if not for the careless actions of others. In situations like these, where a negligent party is responsible for causing emotional or physical pain, our law allows you to pursue compensation through the filing of a personal injury claim.

Defining the Term

Legally, the term “personal injury” describes an area of law that focuses on assisting plaintiffs in receiving compensation for injuries caused by a negligent party. This area of law does not only cover physical suffering, but emotional injury and damage to one’s property as well.

Some Personal Injury Scenarios

There are a large number of circumstances in which an injury suffered by an individual justifies the filing of a personal injury claim. These include negligent injuries suffered in the workplace; from a dog bite; during a slip and fall; or in accidents involving a motorized vehicle.

A personal injury can also come about from more complex situations such as medical malpractice; an airplane or train accident; or when an injury occurs from the use of a product. Individuals who have experienced pharmaceutical malpractice or have been harmed from exposure to dangerous substances such as toxic waste might also be eligible to pursue a personal injury claim.

Satisfying the Qualifications for Personal Injury

Two conditions must be met in order for a personal injury claim to stand up in a court of law. First, it must be proven the injury suffered by the plaintiff was caused by the defendant’s negligent actions. Second, it must be proven the plaintiff’s suffering is a direct result of the negligent actions in question.

If you are experiencing distress from an injury believed to be caused by another party’s negligence, it is wise to consult an attorney to determine whether you have any legal options available to pursue compensation for your medical bills, wage loss, pain and suffering, and other damages.