When you file a personal injury lawsuit, part of the process is informing the court of what type of damages you’re seeking and in what amounts. This depends on the specifics of your case, but generally damage claims fall into a few main categories. To help you determine where your case falls, here is an explanation of the types of claims they see most often.
Personal injury is actually a generic legal term for any type of physical injury to either the mind or body, as compared to an accident to another’s property. In English-based civil courts, the word is most often used to describe a sort of tort lawsuit where the plaintiff suffering from the injury has sustained physical injury or mental disability due to the negligence of another party. In other civil jurisdictions, the term is used interchangeably with personal injury law.
Types of Personal Injury Law
When it comes to personal injury law, there are two kinds that you have to consider: personal injury to property and personal injury to another person. Property damages can be sustained due to accidents or acts of nature. However, personal injuries may occur due to medical conditions, defective products, and other incidents or conditions. For example, a car crash caused by a drunk driver or a serious medical condition could cause injury on the part of the driver and the passenger, thus affecting the property of the third party involved in the accident.
It is important to note that property damage is more severe and often results in higher compensations and monetary awards. While personal injury to another person is also a very serious matter, but is generally less serious, and more common and less expensive than property damage. In personal injury cases, the court would award compensatory damages such as rehabilitation, physical and emotional stress, etc.
Aside from being the most common, this type of claim is extremely easy to prove using records of your medical visits. A suit seeking reimbursement for medical expenses is often all you need to fund your recovery.
There are two types of income loss in personal injury claims. One is due to missed work during recovery, and is easy to prove with your employer’s records and testimony. The other is a loss of earning capacity due to your injury—for instance, if the incident produced a lasting disability.
In the case of a wrongful death case, your claim will not be for your own medical needs. Rather, it will be to cover both the financial loss and the emotional toll of the death of a loved one.
Damages in a product liability case may fall into any of the categories above, but the case will be unique in that the defendant is a company rather than an individual. You may also be one of multiple plaintiffs.
In this case, you won’t be attempting to prove the defendant’s liability for the injury, but rather their contractual obligation to pay for it. The exact payment you’ll seek will depend on your policy.