What Constitutes an “Injury” Under Personal Injury Law?

People who are hurt due to someone else's improper action can get compensation under personal injury law (commonly known as "tort" law). As long as the injury was caused by deliberate, negligent, or reckless activity, that might lead to a claim for damages.

However, the definition of an “injury” can get complicated. If you're considering working with a lawyer to get compensation for your injury, we recommend reading this guide first. We'll explain exactly what constitutes an injury under personal injury law below. 

Bodily Injury and Personal Injury: Are They the Same?

Even though they seem similar and are frequently used interchangeably, "bodily injury" and "personal injury" are two distinct concepts. Body injury and personal injury are both terms that relate to damage an individual has sustained. However, bodily injury is limited to physical damage, whereas personal injury can encompass harm like pain and suffering, emotional trauma, etc.

Types of Personal Injury

According to this firm specializing in personal injury in Los Angeles, the definition of personal injury is much broader than bodily injury because it accounts for non-physical damage associated with an accident, such as evidence of emotional and financial trauma.

Personal injuries fall into ten broad categories:

1. Injuries caused by someone else's carelessness: Everyone has a responsibility to observe the rules and exercise reasonable caution in all of their activities. If they fail to do so and you suffer harm, that is personal injury.

2. Slip and fall injuries: All public venues have a responsibility to ensure that their environment is safe for you. Falling and injuring yourself as a result of a hazard they either caused or ignored is also personal injury.

3. Drug-related injury: Drugs must meet certain safety requirements, which are occasionally not satisfied when a new medication is made available. Class action lawsuits against pharmaceutical firms fall under personal injury claims.

4. Medical malpractice: This may be as a result of misdiagnosis. If the misdiagnosis worsens your illness, you are entitled to compensation under personal injury law.

5. Injuries caused by a faulty product: All items must be safe when used according to the instructions provided by the manufacturer. If a product is not safe when used appropriately, this is filed under personal injury. Even if the producer was not careless in manufacturing the goods, he might still be held liable.

6. Vehicle-related injuries: Minor car accidents are classified under personal injury. Drivers in every state are obliged to have liability insurance to protect themselves and their passengers in the event of an accident. So, in this case, the insurance company will most likely pay for your medical expenses and wasted time.

7. Defamation: There are two types of defamation - libel, and slander. This type of defamation occurs when false claims are made about a person, which harms their reputation.

8. Injuries caused by a dog bite: Dog bites are almost always the responsibility of the dog's owners. Even if the dog has never demonstrated any hostility or inclination to bite in the past, the dog owner is nonetheless responsible for dog bite damages. This also applies to all types of pet-related injuries.

9. Abuse or neglect in a nursing home.

10. Food poisoning.

Types of Bodily Injury

Bodily injury is more than just superficial or minor wounds. There is often a considerable danger of death, evident deformity, and/or the loss or impairment of the function of a bodily member and/or organ.

There are many types of bodily injuries, such as broken bones, cuts, or bruises. There are also many different types of deformity or scarring that can result from these accidents. The phrase “bodily injury” is also being referred to in the following contexts:

•  Grazes, scrapes, burns, and slashes;

•  Disfigurement;

•  Impairment of a body part, organ; or mental skill;

•  Internal bleeding;

• Fractures;

• Illnesses and diseases.

Conclusion

As you can see, there's a big difference between the two types of injury under United States law. Knowing the type of case you have is critical before walking into a settlement meeting or courtroom.

If you or a loved one has been injured, you may speak with an attorney right away so that they can help you determine whether or not legal action should be taken.