What is a personal injury? This is 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 of these cases; people often ask me what a personal injury is. In short, the Merriam-Webster dictionary defines it as “an injury to one’s body, mind, or emotions.” In American culture and almost all jurisdictions, the term most commonly refers to a tort lawsuit. Moreover, where the lawsuit alleges that the negligence of one person led to the plaintiff’s injury.
There could be many resulting damages from negligence. These damages could include bodily injury, intentional or negligent emotional distress, medical bills, lost wages, and pain and suffering.
Common Types of Personal Injury
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. Also, they can be Motorcycle accidents, trucking accidents, or construction accidents. However, it will depend on the intent or the negligence of the person responsible for the accident. In short, the injured party may be entitled to compensation from the negligent party.
Typically the damages that arise from these types of cases are categorized as either special damages or general damages. Special damages include medical expenses, or lost wages, or lost earning capacity. However, special damages can also include property damages. Meanwhile, general damages include emotional distress, loss of consortium, and pain and suffering, just to name a few.
To sum up, there are a lot of issues surrounding a personal injury claim, including liability and damages. So, as a general rule, damages are only recoverable if liability is proven. The amount of compensation will primarily depend on the severity of the injury once liability has been established. So, the more severe the injury and emotional issues receive the highest recoveries.