Personal Injury

Personal injury refers to a legal claim of harm to one person that was caused by someone else’s negligence or other misconduct.  

 Personal injury case examples can arise from many different sources — car accidents, for example, or medical malpractice. To win most types of personal injury claims, you must prove the following four facts (“elements”): 

•  Duty: The defendant owed you a duty of care. This might mean the duty to drive safely, for example, or it might mean a doctor’s duty to exercise professional skills. 
• Breach: The defendant failed to meet their duty of care.  

• Damages: You must prove that the defendant’s negligence harmed you in a manner that money damages can compensate. 

• Causation: The defendant’s negligence must have caused the harm you suffered. 

 Some types of personal injury claims, such as consumer product liability claims and workplace accident claims, carry their own set of legal elements. 

 Compensation for bodily injury is only part of the compensation available for a successful personal injury claim. A comprehensive personal injury claim might include the following components:  

• Medical bills; 

• Estimated future medical expenses if you suffered a long-term injury. These can be difficult to calculate; 

• Lost earnings while you were off work because of your injury; 

• Occupational disability if your injuries prevent you from returning to your previous job; 

• Pain and suffering that arises directly from physical injury; 

• Mental anguish is a form of psychological suffering; 

• Loss of enjoyment of life; 

• Property damage (damage to your car, for example). 

 Punitive damages are occasionally available as well. If a court awards punitive damages, it will award them in addition to the damages listed above.