Personal injury is a legal term that stands for any kind of injury to your body or mind,
caused by an accident. It is very different from injury to property. You can claim against
someone who has caused an injury and use the amount that you get for debt reduction as
well.
The 3 categories of personal injury litigation as per law are as follows.
1. Negligence: Causes of action originate from negligence, if the person who is causing
the harm does not intend to do so. He may be careless with the safety of others. In most
cases of motor vehicle connected accidents, the drivers are usually charged with being
negligent. If you have been injured by such a driver and you are fighting a case against
him, then you must show that it was the responsibility of the defendant to act more
responsibly. You must also show to the court that your injuries are a consequence of
the breach of duty that has been committed by the driver. As per this law every driver is
responsible for maintaining safety and keeping his car under control. Thus, you have the
full rights to claim that the driver was negligent in driving and must compensate for the
injuries that have been caused due to his negligence.
2. Injuries at workplace: You may get injured at work, in such a case the only legal
action that you can take against your co-workers or your employer is by claiming for
workers compensation. However, as per law you may also claim against a third party.
These may include a manufacturer of machinery that is unsafe. You can also claim
against an employee of another company. An example to illustrate the above idea would
be that if you are hit by a forklift that was been driven by one of your fellow employees,
then you will get employees compensation. However, if you get hit by a forklift that
was driven by someone from a different company, then you can get additional money by
claiming against the driver and his company. In case you are injured at work you should
try to have an attorney that will evaluate your case.
3. Intentional tort: This arises when someone commits a wrongful act that results in
injury. It is not a concern if the injury that you suffer was more than it was intended,
or that the injury was intended. Legally it might be very difficult to get compensation
from a person who commits an intentional tort. This is because most insurance policies
do not cover intentional torts. Some of the common intentional torts are child abuse and
defamation of character. Battery and assault is also a part of intentional torts.