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Legal Definition

Personal Injury

Personal injury is a broad legal term that refers to physical, emotional, or psychological harm suffered by a person as the result of another party's negligent, reckless, or intentional conduct. Personal injury law — a subset of civil tort law — gives injured individuals the right to sue the responsible party and seek monetary compensation for their losses. Common types of personal injury cases include car accidents, slip and falls, medical malpractice, product liability, and workplace injuries.

To succeed in a personal injury claim, the injured party must typically prove that the defendant had a duty of care toward them, that the defendant breached that duty, that the breach caused the plaintiff's injuries, and that the plaintiff suffered damages as a result. This framework applies across virtually all personal injury claim types, though the specific standards and legal rules vary depending on the type of accident and the jurisdiction where the claim is filed.

The personal injury claims process usually begins with the injured person consulting a personal injury attorney, many of whom work on a contingency fee basis — meaning no fee is charged unless the case is won. The attorney will investigate the accident, gather evidence, consult experts, and negotiate with the at-fault party's insurance company. If a fair settlement cannot be reached, the attorney will file a lawsuit and litigate the case through the court system, potentially up to a jury trial.

Personal injury claims can result in substantial monetary recoveries covering medical expenses, lost income, future care costs, pain and suffering, emotional distress, and other damages. The value of a personal injury case depends on many factors including the severity of the injury, the clarity of liability, the availability of insurance coverage, the quality of legal representation, and the applicable laws in the jurisdiction. Early consultation with an experienced attorney is one of the most important steps any accident victim can take.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Legal Terms

Guides on Personal Injury