Personal injury is a general term for any physical harm to the mind, body, or emotions, rather than an actual physical injury to property. In Anglo-American jurisdictions the word is also commonly used to describe a specialized form of a civil lawsuit in which the plaintiff brings the suit against another individual who has caused him or her physical harm. It is now considered as one of the major categories of personal injury law. In this regard, one must take into account that personal injury, while it may be defined as a type of civil wrong, does not exclude other classifications of negligence such as professional negligence. For instance, one may bring a negligence case against a doctor for prescribing medicine that resulted in a minor injury that required a couple of days stay in the hospital.
The most common law of personal injury law in the United States is the common-law principle. Under this principle, the plaintiff is granted damages in cases where he or she has been injured for wholly natural and ordinary causes such as accidents, negligence, recklessness, or the abuse or misuse of proprietary rights (exercise of proprietary rights). Common law courts in the states of Michigan, Wisconsin, and New York have extended this principle to include a wide range of claims for various injuries, with the result that millions of American residents are entitled to compensation for their injuries. However, common law courts have also held that if the injury has resulted from the actions of another person or group of persons, the individual or group is liable for the damages.
Another common law tort law is that of medical negligence claims. Under this concept, a person who has been the victim of poor health due to the other person’s or organization’s negligence is entitled to claim monetary compensation. Medical negligence claims are based on the theory that a reasonably careful person, in the state of medical practice, can become injured by another person who is careless or negligent. The court considers the defendant to be liable for the medical treatment if it is proved beyond doubt that the defendant was negligent and that the victim suffered as a result.
Another tort law that entitles an injured person to damages is the wrongful death claim. Under this concept, a dead body is considered as a deceased person and that person is entitled to receive monetary damages for the loss of his or her life. In certain circumstances, this concept has also been extended to cover damages for pain and suffering as well. If a dead body is not cremated properly, the residual remains may be liable for the debts of the deceased.
Negligence, like medical negligence claims, is also an important part of personal injury law. Negligence on the part of a person includes his or her carelessness in handling a motor vehicle, workplace accidents, and sexual harassment. A person who has been the victim of one of these types of mishaps is eligible for monetary benefits under this concept. The damages for such injuries are paid by the government, although they are taken out of the compensations of the insured party.
Lastly, a person who has been injured in an accident at work may also be eligible for workers’ compensation. This is applicable in situations where a worker gets injured on duty. The law states that an employee who has been subject to an accident at work has the right to be compensated for lost wages, medical bills, and future earnings. Such a personal injury claims process is time consuming, but the compensation made available is truly worthwhile.