Injury or bodily injury is defined as damage or harm caused to the structure or functions of the human body by an outside force or agent. That outside force or agent can be physical, chemical, or other. Injury can be inflicted by another human being, by a piece of machinery including motor vehicles, construction equipment, everyday objects, debris, and anything else that can cause harm to someone. One type of injury is physical trauma. Physical trauma is defined as severe and life threatening injuries inflicted on the body. Also, there is a form of injury that does not cause physical harm to one’s body. This type of injury is known as personal injury. Personal injury is when there is damage inflicted upon a person’s reputation via gossip, rumors, libel and slander.
Injury law can encompass more than one form of injury in the legal sense. Injury law is the body of law that protects citizens when it comes to bodily injury and personal injury. Bodily injury comes in a variety of different forms. Anyone can be injured with a bruise, a wound, burns, fractures, joint dislocations, concussions, sprains, shock and amputation. All of these types of injuries can occur anytime, anywhere. They are unavoidable if they are bound to happen. One thing that people can do if they are injured is contact a lawyer that specializes in injury law.
Bodily injury also includes injuries as a result of medical malpractice. Medical malpractice is defined as an injury imposed upon a patient because of the negligence of a medical professional. Medical malpractice has cost people their limbs and their lives. Bodily injury lawsuits are extremely common in this day and age. The majority of bodily injury lawsuits are filed for injuries that occur at the workplace and for injuries that are sustained during a motor vehicle accident.
In an injury law case, the plaintiff must be able to prove that the injury was unavoidable and that it was directly caused by the actions or lack of actions taken by the defendant named in the suit. People that are injured during automobile accidents or work related accidents usually file a lawsuit for medical fees, loss of limb, loss of wages due to missing work for hospital visits and emotional distress. Bodily injury also includes assault, battery, rape and negligence.
Personal injury is a completely different monster compared to bodily injury. Injury law that involves personal injury is when a person has their reputation destroyed or damaged because of libelous or slanderous comments made by another person. In a personal injury lawsuit, the plaintiff will sue for restitution or damages. Restitution is a form of compensation. For instance, if one person made slanderous remarks about a coworker, causing that coworker to stop showing up at work out of embarrassment, then the plaintiff can sue for restitution. The restitution would be for missing pay because of missed days at work.
Suing for damages would be suing for emotional distress caused by the slanderous comments made by the defendant named in the case. The plaintiff will tell the judge presiding over the case how much money they are requesting. Once the judge hears both sides of the case he or she will rule in favor of either the plaintiff or the defendant. If the judge rules in favor of the plaintiff, the judge will then also decide how much restitution or damages the defendant will have to pay the plaintiff.
Injury law also includes bodily injury cases that involve feigning an injury. To feign an injury is to fake an injury. Many people involved in automobile accidents feign injuries so they can turn around and file a lawsuit against the driver of the other vehicle. If the judge or the other lawyer involved in the case can prove that the injury is not legitimate, the person that feigned the injury can face charges of insurance fraud, which brings a lengthy prison term and fines with it.
For More Information
- Worldwide Legal Directories
- Federal Tort Claims Act
- List of State Statutes of Limitation for Personal Injury Claims (all 50 states)
- Drug Injury Alerts
- Expert Law
- Free Advice
- Tort Trial and Insurance Practice Section of the American Bar Association
- National Association of Insurance Commissioners
- Tort Reform Statutes – Listing State by State