"Developing our capacity for compassion makes it possible for us to help others in a more skillful and effective way." - Joan Halifax
Personal injury is described as an injury that is suffered by a person from an accident which may have caused physical or psychological damage. If the accident is the fault of another; the person who was injured may have the right to make a “personal injury claim”.
Personal injury laws were created to protect the rights of individuals who sustain injuries that have resulted in the negligent act of another. Personal Injury law encompasses various types of accidents; including medical and dental accidents as well as what is called “industrial disease cases”.
A personal injury lawyer is a lawyer who provides legal representation to victims who have been physically or psychologically injured, as a result of negligence or wrongdoing of another. This can include one person, a group of people, a company, a government agency or another entity.
Personal injury lawyers are considered to have more knowledge in the area of “tort law” which covers issues such as civil wrongdoings, economic and non-economic damages, damage to a person’s rights, reputation and their property.
A personal injury claim is a claim that is made from the person who was injured due to an accident or negligent act / fault of another. The injured party may be entitled to compensation (usually monetary) from the person whose negligent acts caused the injury; also called “personal injury compensation”.
If the court finds that the negligent act of someone has caused physical or psychological damage to the injured party; personal injury compensation may be awarded (also known as “compensatory damages”). Compensatory damages are then to be paid to the injured party to “compensate” them for the injuries they have suffered.
The purpose of personal injury compensation is designed to award a sum that would “restore” the economic position that the injured party would have normally received; had they been able to perform as expected (also called “expectation measures” or “benefit-of-the-bargain”).
Many times it is not always possible to measure the damage that has been done in this way; the courts may then decide to award compensatory damages that are specifically designed to restore the injured party to the economic position that they previously occupied prior to the accident or negligence caused by the person or persons who were responsible for the injury. Various types of “tort reforms” have been introduced because of the way compensatory damages are awarded and what others call “Frivolous lawsuits”.
This page discusses the various aspects of personal injury including personal injury law, personal injury lawyers, claims, and types of personal injuries, compensations and the measurement of compensational damages. This information is for educational purposes only and should not be construed as “whole, complete or legal advice”.