What is Personal Injury?

In the context of the legal definition of personal injury claims, personal injuries are defined as the combined harm a person suffers as a result of an accident including injuries to the person’s body, emotions, reputation, relationships, or mental well-being.

While this may seem straightforward, personal injury definitions can become clouded during a personal injury lawsuit. You’ll need to make a clear distinction between the bodily injury you suffered, the personal injuries you endured, and the property damage you sustained. All three of these will be considered during the claim, but it’s important to understand the differences between them.

Definition & Meaning of a Personal Injury

So, what is personal injury when it comes to a lawsuit, and how is it different from bodily injury? Bodily injury refers to the actual physical harm done to your body, such as a broken bone, a concussion, or a traumatic brain injury (TBI). It’s limited to those physical injuries and doesn’t include things like emotional distress, financial losses, or pain and suffering. The meaning of personal injury goes beyond just the physical harm. It includes the broader impact an injury has on your life, such as emotional trauma, lost income, and pain and suffering. That’s why personal injury claims often cover more than just medical bills. By contrast, property damage deals with harm to your belongings or property rights, not to your body or your mental and emotional well-being.

To put all of this into a real-world example, imagine that you’ve been in a car accident and suffered whiplash. The whiplash to your neck would be considered the ‘bodily injury’. The pain you experience as well as any harm that comes to you as a result of the whiplash would be considered the ‘personal injury’ aspect of your claim. The damage to your car would be considered property damage.

Types of Personal Injuries

Personal injuries arise in a number of situations and can be the result of a product defect, someone’s carelessness, or an intentionally violent action. Here are some of the most common types of accidents that often result in personal injuries and lawsuits:

• Car accidents

• Trucking crashes

• Pedestrian accidents

• Nursing home abuse

• Medical malpractice

• Accidents that happen at work

• Accidents that happen on someone else’s property or a business

• Assault

• Product defects

• Motorcycle crashes

• Defamation

• Invasion of privacy

• False detention

Personal injuries come in the form of physical pain experienced during an injury, emotional distress, harm to one’s reputation, and harm done to the person’s ability to earn an income. After an accident that causes substantial injuries, the victim might begin to experience anxiety, PTSD, depression, or other mental health conditions. These would be considered emotional distress and a form of personal injury. A victim might also be unable to return to work right away, causing them to lose out on income they would’ve earned otherwise. This would also fall under the category of personal injury.

Legal Representation After a Personal Injury: What to Expect

If you experience an accident that causes personal injuries, then it’s important to consider your legal options. Personal injuries typically result in economic damages like the costs of the injured person’s medical expenses, lost wages, emotional distress, and more. Under the law, someone else may hold financial liability for your losses and owe you compensation if they were negligent. To uphold your rights, always make sure to get the medical care you need right away, file an official accident report, and consult with legal representation as soon as possible after the incident. The right personal injury lawyer won’t require payment until you receive your settlement check from your claim. They’ll help you understand your options, value your losses, identify the liable party, prove your losses with evidence, file your claim, and negotiate with the other party.

Glossary References

https://www.alllaw.com/articles/nolo/personal-injury/introduction.html

https://www.findlaw.com/injury/accident-injury-law/personal-injury-law-the-basics.html

https://www.forbes.com/advisor/legal/personal-injury/personal-injury-law/