Claim

Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts result in both special and general damages. Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded: The party had a duty to act reasonably according to the circumstances. The party breached the duty. The party’s breach of the duty caused you to be harmed. You suffered monetary damages due to the harm you suffered when the party breached its duty of care. The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause inten...

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts. Damages include bodily injury, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED). The most common types of personal injury claims are road traffic accidents, work accidents, tripping accidents, assault claims, home accidents, on a cruise ship, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as ...