
What is Considered Personal Injury? Key Aspects Explained
Explore what is considered personal injury and how it affects your legal rights. Get informed and know your options today with our in-depth guide!
Have you ever been hurt in an accident and wondered if it qualifies as a legal case? Many people aren’t sure what is considered personal injury or how it affects their rights.
Personal injury involves harm to your body, mind, or emotions, and it can lead to financial loss and stress. Knowing whether your situation fits the legal definition is the first step toward understanding your options.
Join us, as we take closer look into what is considered personal injury, the types of cases involved, and more!
What is Considered Personal Injury?
Personal injury is a legal term that describes harm caused to a person’s body, emotions, or mental health. There are three primary areas that help define what is considered personal injury:
- Physical injuries to the body
- Emotional and mental distress
- Situations where another party is legally responsible
Physical Injuries to the Body
This is the most common type of personal injury. It includes broken bones, burns, cuts, or any damage caused by accidents, falls, or medical mistakes.
Physical injuries may need medical care and can affect daily life. Many personal injury claims are based on this type of harm.
Emotional and Mental Distress
Not every injury is visible. Personal injury law also includes emotional harm, like anxiety, fear, or depression caused by a traumatic event. Victims of abuse, harassment, or extreme accidents may file claims for emotional distress if they can show how it affected their well-being.
Situations Where Another Party Is Legally Responsible
A personal injury case usually involves someone being responsible for the harm. If another person or company acted carelessly or failed to prevent danger, they might be held accountable. That responsibility is what allows someone to file a personal injury claim.
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SPEAK TO AN ATTORNEY TODAYCommon Types of Personal Injury Cases
People often picture car crashes, but the law covers many situations where someone gets hurt. There are three major types of personal injury cases people often deal with:
- Auto accidents
- Slip and fall injuries
- Medical malpractice
Auto Accidents
Car, truck, and motorcycle crashes are some of the most common personal injury cases. These can involve drivers, passengers, or even pedestrians.
Fault matters here, since the person responsible for causing the accident may need to cover the cost of injuries. A personal injury claim can include things like medical bills, car repairs, and lost pay.
Slip and Fall Injuries
These happen when someone gets hurt on another person’s property. It might be a wet floor in a grocery store or broken steps at an apartment building.
The property owner may be responsible if they didn’t fix a problem or warn people about a hazard. These cases depend on the location, what caused the fall, and who was responsible for keeping the place safe.
Medical Malpractice
This kind of case involves doctors, nurses, or hospitals making mistakes that harm a patient. It could be a wrong diagnosis, a surgical error, or poor treatment that causes more problems. These cases usually need expert medical opinions to show what went wrong.
Legal Definitions and Standards
Personal injury law has certain rules that help decide if a case has legal grounds. Most personal injury claims are based on three core ideas:
- Duty of care
- Breach of that duty
- Causation and harm
Duty of Care
This means a person or business had a legal duty to act in a way that didn’t put others at risk. For example, a store owner must keep their floors dry and clear to avoid accidents.
A driver must follow traffic laws and avoid reckless behavior. When someone has a duty of care, it means they’re expected to act with basic caution.
Breach of That Duty
Once a duty of care is established, the next step is to show that it was broken. A person might run a red light or forget to fix a broken handrail.
That action, or lack of action, can be viewed as careless or unsafe. This is often referred to as negligence in legal terms.
Causation and Harm
The final part is proving that the breach of duty directly caused someone to get hurt. There has to be a clear link between the unsafe behavior and the injury.
Without this connection, it’s hard to hold anyone legally responsible. Medical records, photos, and witness accounts can help prove this part of the case.
Proving a Personal Injury Claim
To move forward with a personal injury case, you need more than just a story. You must be able to show proof that someone else caused the harm. That takes more than just words.
There are three main pieces that help support a personal injury claim:
- Solid evidence of what happened
- Clear medical records and expert input
- Proof that links the event to the injury
Solid Evidence of What Happened
Photos, videos, and witness statements can help show what caused the injury. If someone slipped on a wet floor, a photo of the spill or a statement from someone who saw it happen can be useful. Reports from police or emergency services can also help build a stronger case.
Clear Medical Records and Expert Input
Injury law basics rely heavily on medical records. These records show what kind of injury was suffered, what treatment was needed, and how it affected daily life. In some cases, expert opinions are used to explain the long-term impact of an injury or to point out medical mistakes.
Proof That Links the Event to the Injury
It’s not enough to be hurt. The injury has to be directly tied to the accident or event.
That’s why timing and documentation are so important. You need to show the harm wouldn’t have happened if not for the other person’s actions or failure to act. Without this link, a personal injury claim might not hold up.
Understanding Injury Law
Knowing what is considered personal injury can help you better understand your legal rights after an accident or harmful event.
At Boettcher Devinney Ingle Wicker, we offer 24/7 support and don’t charge a fee unless you win. Our team focuses on truck accidents, dog bites, and slip and fall cases across Oklahoma. With a strong track record and personal service, we work hard to help you get the compensation you deserve.
Get in touch today to find out how we can help with your case.