Define: Personal Injury

An injury not to property, but to your body, mind or emotions. For example, if you slip and fall on a banana peel in the grocery store, personal injury covers any actual physical harm (broken leg and bruises) you suffered in the fall as well as the humiliation of falling in public, but not the harm of shattering your watch.

Injury, oddly enough, to the person. Broken bones are a personal injury, but the concept is wide enough to encompass depression and anxiety (see psychiatric injury). Personal injury accounts for such a large volume of litigation that it can almost be seen as a branch of law in its own right—it even has its own specialist law reports. However, the principles of personal injury are derived from the ordinary law of Negligence.

Cause & Effect

More often than not, negligence is at the root of most catastrophic incidents and injuries we have witnessed in court. It begins with an individual or entity either wilfully or unwittingly failing in their duties or responsibilities and ends in the death or disfigurement of another innocent person. These situations vary in size and scope, but they are all equally devastating to the victims and their families. Some more common accidents and associated injuries we have witnessed include:

• Slip & fall accidents: Although it might not seem like it, slip and fall accidents account for a vast majority of the catastrophic claims in the United States. Most of these injuries occur in areas where the surface is slippery in one regard or another and improperly marked as dangerous or reinforced with gripping, such as a job site, a water park, a school, a nursing home, or the sidewalk across the street. In every case, the property owner has a responsibility to keep his or her patrons, employees, and the public at large safe from falling to the ground. Failing to maintain these areas, properly warn individuals, or provide adequate training can result in serious injury and liability in court. Associated injuries can range from compound fractures to perforated skull injuries, spinal damage, and mangled limbs.
• Car Accidents: Automobile wrecks are a significant contributor to severe injuries in the United States every year. While a simple fender bender can lead to whiplash or a concussion, fatigued truck operators, drunk drivers, distracted individuals, speed demons, and other such roadway menaces can leave other motorists, as well as anyone else in the way, catastrophically injured. Damages can range from life-threatening head trauma to internal organ damage and limb loss.
• Product Liability: When a product is released to market, a social contract accompanies it; we, the consumers, trust that the companies supplying us with goods have done so with the highest standards of quality and safety in mind. When a defective product or malfunctioning machinery critically injures a consumer, the company that owns the faulty piece of equipment must be held liable, not only for the sake of those injured and their families but also for the consumers who are still unknowingly in possession of the defective goods. No matter whether these injuries happen while at work, in school or in the safety of your own home, those who provided the malfunctioning products are responsible. Injuries from such failures can range from broken limbs and severe burns to poisoning and organ failure.

Fair Compensation

When filing a personal injury suit, damages can be awarded in three ways: economic, non-economic, and punitive damages. Each one has its merits in court, and depending on the severity of the situation, the judge may award one to all three.

• Economic Damages: Taken quite literally, economic damages are those amounts awarded that account for the financial strain a victim has endured due to their injuries. Emergency care, long-term hospital fees, at-home or nursing home care, rehabilitation, mandatory prescriptions, and a follow-up appointment with various specialists all fall under economic damages. In the case of catastrophic injuries, these amounts can be astronomical due to the very nature of the injuries.
• Non-Economic Damages: In an attempt to account for the “soft” costs of such a tragic event, courts will award non-economic damages. These costs include more unquantifiable items, such as pain and suffering, loss of a loved one, loss of interest in life, mental and emotional anguish, and lost wages. And, like economic damages, because of the overwhelming and horrific nature of catastrophic injuries, courts tend to award considerably more to acknowledge the victim’s wounds and overall pain.
• Punitive: Although punitive damages rarely occur in smaller personal injury cases, catastrophic injuries sometimes warrant such actions. Punitive damages, as they indicate, are designed to punish the defendant for his or her reckless actions. As with the previous two, punitive damages can vary depending on the amount of damage already sustained by the plaintiff.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 9th April, 2024.