What Is the Definition of Personal Injury?

The commercials are seemingly everywhere on television. Lawyers promising money for "personal injury" claims, guaranteeing no fees until the injured party gets paid. But what is a personal injury? It is one of the largest areas of civil law and can involve everyone from insurance companies to large corporations. And an injury in the eyes of the law is not quite the same as what a physician might think.

Identification

Personal injury is a category of legal claims that deal with individual harm. They generally fall under the broader category of tort law, which is one of the major areas of law (the others being criminal, property, and contract), though they may also include issues relating to other areas such as property law. Tort cases are always civil cases, which means no criminal penalties are attached. There is a judge at trial, and there can be a jury. No one goes to jail for a tort. Monetary compensation is the most common solution.

Features

Almost any type of injury can be considered a personal injury, no matter how minor it might seem. Often it depends on the context, and legal harm is not quite the same as physical harm. If a person slips on icy steps, twisting their ankle, there is a physical harm. However, if they do not require a doctor, and their injury does not limit their ability to work, there is no legal grounds to seek compensation. Yet if they cannot work, there is a legal harm as the injury has resulted in their being deprived of their wages. In the case on an insurance company, the legal claim may rest on deprivation of proper medical care. The goal of a personal injury claim is restitution, to be made whole in the eyes of the law.

Types

The most common personal injury cases are those brought against insurance companies. In these cases, the insurance company is not held at fault for the initial injury, but rather for their response or lack thereof to the effects of that harm upon the injured individual. Claims are generally brought against the injured individuals' insurer. Personal injury claims may also be brought against anyone believed to be at fault for the injury. Property owners can be held at fault for having slippery steps, for example, as may the landlord. The goal of these cases is to seek monetary compensation to cover medical or other expenses. These may often be paid by the insurance companies of the parties being sued.

Function

While some personal injury cases can seem trivial (suing a fast food chain because their coffee was hot, for example) they serve legitimate legal purpose. Insurance companies should pay out to those who are injured and have medical expenses. While this is the purpose of insurance companies, they are also a business, and do not wish to pay money if they do not have to. There may also be disputes over the amount paid. If these claims cannot be settled out of court, a personal injury lawsuit is filed. The same holds true when any other entity is sued, such as a pet owner of a dog involved in an attack.

Considerations

The majority of personal injury claims never see the inside of a courtroom. Most often the claims are settled by arbitration, which is when the parties involved sit down and negotiate (often with the help of a third, neutral party) to reach a settlement which is acceptable to everyone. Nor do people necessarily need a lawyer to pursue a personal injury claim. The legal paperwork can be filed by anyone, although given the complexity of the legal issues legal representation is often advisable. As it states in many television commercials, time is a factor, as there statute of limitations for filing claims. If a personal injury claim is not filed in time, the individual loses their right to sue.

Resources

• Personal Injury Resource Center
• ABA's Personal Injury Page