Personal injuries include every variety of injury to a person's body, emotions, or reputation, as contradistinguished from injury to property rights.
GroundsThere are three grounds on which personal injury claims can be brought:
Negligence is the most common basis for personal injury claims. The basis for liability under negligence stems from an individual鈥檚 failures to behe with the level of care that someone of ordinary prudence聽would he exercised under the same circumstances.聽For example, a hunter who carelessly shoots his gun towards other people.Strict Liability holds a defendant liable for committing an action, regardless of what his/her intent or mental state was when committing the action. For example, if an injury occurs as a result of a defect in a product, the manufacturer is responsible for that injury even though they did not act negligently or intend for their product to cause harm.Intentional Wrongs聽result from an intentional act of the defendant. Common intentional torts are聽battery,聽assault,聽false imprisonment,聽trespass to land,聽trespass to chattels, and聽intentional infliction of emotional distress.Causes of ActionPersonal injury claims can arise from harm done to the body. For example:
Automobile accidentsWorkplace accidentsAssaultProduct defect accidents聽Medical malpracticeNursing home abuseToxic tortsPersonal injury claims can also arise from non-bodily harm. For example:
Intentional infliction of emotional distressDefamationFalse detention, arrest, or imprisonmentMalicious prosecutionInvasion of privacyDamagesIf the plaintiff is successful on their claim, they will be awarded money damages for their injuries. Damages are meant to compensate the injured party for their loss. Damages for personal injury may include, but are not limited to, the following:
Medical expensesLost wages聽Pain and sufferingMental and emotional distressHousehold assistanceTrel expenses[Last reviewed in July of 2020 by the聽Wex Definitions Team]
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LIFE EVENTS accidents & injuries (tort law) standards of tort liability tort damages wex definitions