What is personal injury? A common question asked of Alpharetta injury lawyers. This video explains the definition and laws surrounding personal injury.
In our practice of law we handle so many personal injury cases people often ask me what is personal injury. Well the dictionary definition of personal injury is a physical injury inflicted on a person’s body, mind, or emotions; as opposed to damage to property reputation. In American culture and most all jurisdictions the term is most commonly used to refer to a tort law suit, alleging that the plaintiffs injury has been caused by the negligence of another person. The resulting damages can be many, including bodily injury, intentional or negligent infliction of emotional distress, medical bills, lost wages, and pain and suffering, just to name a few.
The most common types of personal injury claims are automobile accidents, premises liability cases, where someone is hurt or injured on the property of another. Motorcycle accidents, trucking accidents and construction accidents, depending on the intent or the negligence of the person responsible for the accident, the injured party may be entitled to compensation from that party.
Typically the damages that arise from a personal injury case are categorized as either special damages or general damages. Special damages include medical expenses, or lost wages, or lost earning capacity, are also include property damages. While general damages include emotional distress, loss of consortium, and pain and suffering, just to name a few.
There are many issues surrounding a personal injury claim including liability and damages. As a general rule damages are only recoverable if liability is proven. Once liability has been proven the amount of compensation for personal injury will primarily depend on the severity of the injury. Serious injuries such as broken bones, concussions, disc herniations and lacerations. The more severe the personal injury and emotional issues receive the highest recoveries.