What is Personal Injury?

Personal injury law covers injury suffered by a person. Personal injury is part of the law that includes all kinds of injuries to people and their property. State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances. For example, an injury suffered on federal property may be covered by the Federal Tort Claims Act, or liability for injuries suffered in an airplane crash may be governed by international treaties.

Damages

If a judge or jury finds the defendant liable for their wrongful conduct in a personal injury case, the question becomes one of what type(s) of damages the plaintiff is entitled to. In most tort actions, the plaintiff must have been injured in some way that he/she is now entitled to damages. For example, in negligence torts, the plaintiff must prove injury (the plaintiff must have some type of physical, emotional or monetary harm) in order for the defendant to be held liable.

However, with some intentional torts (such as battery, assault or trespass) the plaintiff may only have to establish that the defendant engaged in unauthorized conduct. He or she may not have to prove there was actual physical harm in order to recover damages.

To determine the types of damages that can be awarded to the plaintiff, courts look at such factors as the seriousness of the harm, the extent of the defendant's wrongful conduct, and the circumstances surrounding the wrongful conduct. Three basic kinds of damages are awarded in personal injury cases: compensatory damages, punitive damages, and nominal damages.

Compensatory Damages

Compensatory damages are derived from the word "compensate," meaning "to make up for." These are damages paid monetarily for the harm done to the plaintiff. The victim has a right to be reimbursed for all costs as a result of the damages incured. Insurance adjusters will refer to this category as "special damages" or merely "specials."

The damages can include:

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