If you have had an accident resulting in an injury to yourself, when does it warrant putting in a claim for personal injury compensation? When your injury has been the fault of somebody else. That’s the black and white of it. If you go over on your ankle due to your unsuitable footwear it’s your fault, if you go over on your ankle due to the pavement being in a poor state of repair that’s somebody else’s fault. If any of the following scenarios fit your current situation, an Internet search for an ‘injury lawyer near me’ will help you find the best person to help you.
Legal Definition of Personal Injury
In legal terminology, personal injury relates to an injury affecting the mind, body or emotions. In American jurisdiction, it’s commonly used when referring to a tort lawsuit where the injured party, or plaintiff, has filed a lawsuit after suffering injury or harm to their body, mind or emotions. Many people still think of personal injury as being visible; a broken leg or arm for example, but as such trauma can also have a deep impact on a victim’s mental or emotional state, these areas are now included in the context.
Type of Injury
There are many different injuries that fall under the umbrella of personal injuries. As mentioned above it’s not only physical, visible injuries that are covered. These heal quicker than mental ones and those who have suffered mentally from their accident could have repercussions for months, if not years. There are even those who have experienced such a high level of trauma that they never fully recover their previous mental capacity, and these are often the recipients of the largest financial awards as they will need help for the rest of their lives.
A personal injury can occur absolutely anywhere, but the location often makes it easier for your lawyer to apportion the blame. If you slip on a wet floor in a store it was their responsibility to both clean the floor and warn customers of a possible hazard. Not knowing about the hazard will not help them either. Ignorance doesn’t relieve one of blame in a court of law.
Heart V Head
So you’ve gone to visit your elderly parents and the carpet on the stairs is worn causing you to trip and sprain your ankle. Are you going to sue your mom and dad? Most of us would immediately say no and help them fix up the areas so nobody else suffers an injury. However, there are thousands of Americans being sued by members of their own family for personal injuries. Sure, they are legally to blame for your injury but there could be mitigating circumstances. If they are short-sighted they may not even realize there is a hazard. Plus, they are your relatives – what long term damage is it going to cause to the family if you take them to court?