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The following article was published in our article directory on February 26, 2015.
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Personal Injury and Its Three Classifications

Article Category: Advice

Author Name: Injury Ninja

Definition

A personal injury is a wrong or damage done by one to another in his rights, property, or reputation. As a branch of tort law, it is concerned with providing monetary compensation to victims of wrongs such as accidents.

A tort is a civil wrong which can be compensated by awarding damages. It is a civil wrong which results to an injury or harm constituting the basis for a claim by the injured party. It is an unlawful violation of private right, not covered by contract, and which gives rise to an action for damages.

While it is true that all crimes can be torts, not all torts can be crimes. A tort is a more general term for a wrong done, and it covers various branches, personal injury being the most common.

Governing Law

Various civil and special laws govern this field of tort law. One well-known source of law in dealing with this type of injury is the Federal Tort Claims Act (FTCA), which permits private parties to institute a case against the United States government in a federal court for wrongs committed by persons acting as a representative of the government.

Where Incurred

A personal injury can happen almost anywhere. It can happen in common times such as when at work, when a faulty product is used, when a mistake is committed during medical treatment, or when there is a road accident. It can even be incurred in simple times such as when there is a slippery floor, when there is an unguarded manhole, or when a person says something grossly bad about another.

Personal injury, as a branch of torts, is classified into three kinds:

1. Intentional

An intentional personal injury is that which can only result from an intentional act of the offender. It includes conduct where the actor desires to cause the consequences of his act or believe the consequences are substantially certain to result from it. Examples of this kind are battery, assault, defamation, invasion of privacy, trespass to property such as lands, and infliction of emotional distress.

2. Negligent

Negligent personal injury involves voluntary acts or omissions that result in an injury to others without intending to cause the same. Jurisprudence defines it as involving a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Simply put, the actor fails to exercise due care in performing such act or omission. Examples of this kind are cases involving negligence, such as medical malpractice.

3. Strict liability

Strict liability personal injury involves those cases wherein the person is made liable independent of fault or negligence. It makes the offender liable of a wrongful act without any intention on his part. Examples of this kind are crimes involving possession of certain items and the use of a defective or faulty product.

Conclusion

Knowledge of personal injury is necessary not only for personal, but also for legal purposes. Enforcement of the cause for indemnity or damages against the offender is a matter of right that must be exercised by the injured party.

Disclaimer: This is not legal advice and we are not attorneys and should not be used as legal advice. We can or may help find legal advice for you. The contents of this curated website have been prepared by Injury Ninja for informational purposes only. As this is a compilation of outside news sources, we do not control the opinions or content being created for this site, we are not paid to include any of these sites. If you believe we should include other sources, please feel free to contact Injury Ninja. We welcome all suggestions. None of this information is intended as either legal or medical advice or opinions. While Injury Ninja maintains joint responsibility; all cases are referred to other attorneys, medical professionals or financial professionals for principal responsibility. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish a client relationship. A client relationship is established only by an express and written agreement with an outside attorney, medical staff, or finance professional.

Keywords: bad drugs, personal injury, birth injuries, xarelto lawsuits, car crash, mesothelioma, asbestos, pharmaceuticals, medical malpractice

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