Personal injury laws vary from jurisdiction to jurisdiction. Some personal injury laws deal with intentional acts or negligence, while others focus on general damages and loss of work time.
In the United States, personal injuries are most commonly defined as physical harm caused by a negligent act, such as a slip and fall accident or a car crash.
The laws governing personal injury vary greatly from jurisdiction to jurisdiction, but there are some general principles that all states follow.
Negligence
Negligence as a cause of personal injury cases is the result of someone’s breach of duty. Normally, we would expect others to act responsibly and not to cause harm.
Regardless of whether the actions were intentional or accidental, they should have been undertaken with reasonable care.
In other words, negligence occurs when someone causes an injury to another due to their own carelessness. While not every case can be successful, negligence is the basis for most personal injury cases.
Intentional injurious acts
If you or someone you know is responsible for an accident, you may be entitled to compensation for your injuries (find out how we can help here).
Injuries resulting from intentional acts are classified as torts, and the law provides different rules for these types of damages than for accidental accidents.
Intentional acts, on the other hand, can be a cause of criminal charges or a personal injury lawsuit. However, there are certain ways to prove that an intentional act caused your injury.
General damages
General damages for personal injuries are monetary damages awarded for subjective states suffered by a plaintiff. These include mental and physical pain, inconvenience, loss of enjoyment, intellectual gratification, quality of life, and consciousness of approaching death.
The Court of Appeal laid out factors that may be used to determine general damages. Plaintiffs should disclose all potential witnesses, including family members, friends, and coworkers. The testimony of witnesses may help to support the claims for general damages. Wondering when to contact a personal injury lawyer? Learn all about it here.
Loss of work time
The law considers loss of work time as a personal injury. To qualify for compensation, a worker must have lost at least five percent of his or her earnings from the time of injury or illness.
Loss of earnings can also be measured by returning to work at a reduced rate or a lower wage. A doctor must certify that the loss was caused by the injury. Usually, an injury is considered work-related if it was incurred at the place of employment.
Loss of quality of life
If you or a loved one suffers from a serious personal injury, the result can be a loss of quality of life that can last a lifetime.
In addition to limiting a person’s ability to work and participate in their social life, a personal injury can also limit a person’s ability to travel the world.
If you are an avid hiker, spelunker, or cyclist, a personal injury can severely limit your activities.
And most people are happier when they can spend time with their friends and family. Loss of quality of life compensation may result in substantial compensation for your medical and emotional suffering.
