What Qualifies as a Personal Injury?

What Qualifies as a Personal Injury?
Jan 13, 2025

A personal injury occurs when someone suffers harm due to another person or entity’s negligence, recklessness, or intentional actions. These injuries can range from physical harm to emotional trauma, often leading to legal claims to recover compensation. Understanding what constitutes a personal injury is essential if you or a loved one has been affected and seek justice.

Common Examples of Personal Injuries

Personal injuries take many forms, including:

  • Physical Injuries: These are the most common type of personal injury and involve harm to the body. Examples include broken bones, burns, sprains, or head injuries caused by motor vehicle accidents, slip-and-fall incidents, or unsafe workplace conditions.
  • Emotional or Psychological Injuries: Trauma such as emotional distress, anxiety, or depression may arise from harassment, defamation, or witnessing a traumatic event. These types of injuries can significantly affect the quality of life and are considered personal injuries under the law.
  • Injuries from Intentional Actions: Some personal injuries result from deliberate acts. For instance, cases involving assault or battery qualify as personal injuries, as they involve harm caused intentionally by another person.

What Makes an Injury Eligible for a Legal Claim?

To pursue a personal injury case, certain critical elements must be established:

  1. Negligence or Intent: The harm must have resulted from someone’s careless, reckless, or intentional behavior. For example, a driver who causes an accident while texting demonstrates negligence, while intentional physical harm in an assault case reflects intent.
  2. Duty of Care: The responsible party must have had a legal obligation to act in a reasonably safe manner to prevent harm to others. For instance, property owners must ensure their premises are free of hazards.
  3. Causation: There must be a direct connection between the negligent or intentional act and the injury sustained.

Types of Personal Injury Cases

Personal injury cases include motor vehicle accidents, medical malpractice, workplace injuries, premises liability incidents, and defective product claims.

If you or a loved one has suffered an injury due to someone else’s negligence, take the first step toward justice. Contact the Law Offices of David Davidi today for a consultation and expert guidance.