Personal Injury Legal Definition
Posted September 19th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Every year, thousands of people in Jersey City sustain injuries from accidents. Many of them have grounds to file personal injury suits.
What Is the Legal Definition of Personal Injury?
Legally, personal injury is when you are physically, mentally, or emotionally harmed because of someone else’s carelessness, wrongful conduct, or negligence. It encompasses various types of injuries. They include a slip and fall accident at a business enterprise, being bitten by the neighbor’s dog, and getting into a car accident because the other driver was speeding.
Libel and slander, medical malpractice, and nursing home neglect may also be classified as personal injury cases. Personal injury law covers intentional torts as well. These include batteries and civil assaults.
It is, therefore, safe to say that the definition of personal injury depends on the specific situation. If you aren’t sure that your case qualifies, seeking legal expertise is always a good idea.
Negligence in Personal Injury Claims
A personal injury claim is incomplete without proof of negligence. You must establish that the defendant was negligent and that their negligence caused you harm. If they didn’t act careless or negligent, then they may not be liable. Negligence has four elements, and you need to establish all of them.
First, you must prove that they have a duty of care. The court will need evidence that they legally owed your care under the circumstances. This varies depending on your case. Secondly, the plaintiff must prove that the defendant breached this duty. The breach may be through their failure to act or actions.
The third element of negligence is causation. It means you must demonstrate how your injury or harm is related to your accident. The injury should have been reasonably foreseeable, and the breach may have caused it directly or indirectly. Lastly, you need to provide proof of harm. Show the economic and non-economic damages resulting from your case.
You may prove these damages by providing copies of your medical bills or receipts from your car repair experts.
What are the Potential Damages from Personal Injury Claims?
You may recover various types of damages from a personal injury case. If your case meets the legal provisions of personal injury, your lawyer will analyze the specifics and help you pursue compensation. Generally, the potential damages from your claim include:
- Lost income or wages
- Scarring or permanent disfigurement
- Past, present, and future medical expenses
- Lost ability to earn income
- Mental anguish, psychological injury, and pain and suffering
- Spouses may claim damages for loss of consortium under certain circumstance
If you think that you may have solid grounds for a personal injury claim, contact your lawyer and talk to them about it as soon as possible. Act quickly as such claims have statutes of limitation.
If you are in an accident resulting from someone else’s negligence, contact a Jersey City Personal Injury Attorney. They will give you the personal injury legal definition and make sure that you get maximum compensation if you are eligible.
