{"id":5497,"date":"2017-08-25T04:45:07","date_gmt":"2017-08-25T04:45:07","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5497"},"modified":"2018-01-21T00:06:13","modified_gmt":"2018-01-21T00:06:13","slug":"injury-including-injury-to-ones-rights-related-definitions","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5497","title":{"rendered":"Injury – the violation of another’s legal right, thereby causing harm to another in person, character, or property"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Complaint Self-Help Walkthrough<\/a> >>>> Section 2<\/a>:<\/span><\/strong><\/p>\n

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injury<\/span>:
\n<\/strong><\/span>n<\/em>. (14c.)<\/span><\/p>\n

1. The violation of another’s legal right, for which the law provides a\u00a0remedy; a wrong or injustice.\u00a0<\/strong> Scots law<\/em>. Anything said or done in breach of a duty\u00a0not to do it, if harm results to another in person, character, or property. \u00a0Injuries are\u00a0divided into real injuries<\/strong> (such as wounding) and\u00a0verbal injuries<\/strong> (such as slander). \u00a0They may be criminal wrongs<\/strong> (as with assault) or civil wrongs<\/strong> (as with defamation). \u00a0<\/strong><\/span><\/p>\n

2. Any harm or damage. Some authorities distinguish harm from injury, holding that\u00a0while harm denotes any personal loss or detriment, injury involves an actionable\u00a0invasion of a legally protected interest.\u00a0 <\/strong>See Restatement (Second) of Torts \u00a7 7 , cmt.\u00a0A (1965). \u2014 injury<\/strong><\/span>, vb.<\/em> \u2014 injurious<\/strong><\/span>, adj<\/em>.\u201d [1]<\/span><\/p>\n

1. <\/span>The invasion of a legal right. Bowman v Davenport<\/em>, 243 Iowa 1135, 53 NW2d 249, 63 ALR2d 853<\/span>. <\/span><\/strong><\/p>\n

To be distinguished from \u201cdamage,\u201d which is the loss, hurt, or harm resulting from the \u201cinjury.\u201d\u00a0 22 Am J2d Damg \u00a7 1<\/span>.<\/span><\/strong><\/p>\n

As the word appears in an application for life, health or accident insurance: \u2014 a substantial injury affecting the general health. 29 Am J Rev ed Ins \u00a7 750<\/span>. <\/span><\/strong><\/p>\n

As the term is used in a workmen\u2019s compensation statute: \u2014 any lesion or change in the structure of the body, causing harm thereto and a lessened facility of its natural and normal use. Sullivan\u2019s Case<\/em>, 265 Mass 497, 164 NE 457, 62 ALR 1458<\/span>. <\/span><\/strong><\/p>\n

Damage or harm to the physical structure of the body, although not necessarily presenting external or visible signs of its existence, 58 Am J1st Workm Comp \u00a7 194<\/span>; sometimes construed to include simple and common diseases, 58 Am J 1st Workm Comp \u00a7244<\/span>; including also nonoccupational diseases and disorders of an idiopathic na<\/span><\/strong>ture, as well as those having a definitely traumatic origin. 58 Am J1st Workm Comp \u00a7244<\/span>.<\/strong> [2]
\n<\/span><\/p>\n

1. The invasion of a legal right; an actionable wrong done to a person, her property, or her reputation. (Compare \u201cdamage,\u201d which is the loss, hurt, or harm resulting from \u201cinjury.\u201d) Note that an injury, as the law uses that term, is not limited to physical harm done to the body; note too that, in the language of the law, an injury to the body (that is, a personal injury) may mean death as well as mere physical harm.<\/strong> [3]<\/span><\/p>\n

General Terms used to Describe<\/span>
\nVarious Types of Injuries:<\/span><\/strong><\/span><\/p>\n

consequential injury<\/span><\/a> – an injury arising from the results of damage rather than from the damage itself.<\/strong><\/span><\/p>\n

continual injury<\/span><\/a> – an injury that recurs at repeated intervals.<\/strong><\/span><\/p>\n

continuing injury<\/a><\/span> – an injury that is still in the process of being committed. <\/strong>\u2014 aka continuing harm<\/strong><\/em><\/span>.<\/span><\/p>\n

physical injury<\/span><\/a> – damage to one’s body or an injury<\/a> that exists so a person cannot physically enjoy his property.<\/strong><\/span><\/p>\n

temporary injury<\/span><\/a> – tn injury that may be abated or discontinued at any time by either the injured party or the wrongdoer.<\/span><\/strong><\/p>\n

Terms used to
\nClassify<\/em> Types of Injuries:<\/span><\/span><\/strong><\/p>\n

indivisible injury<\/span><\/a> – a single injury that has been caused by concurrent tortfeasors and that is not reasonably capable of being separated.<\/strong><\/span><\/p>\n

injury in fact<\/span><\/a> – an actual or imminent invasion of a legally protected interest<\/a>, in contrast to an invasion that is conjectural or hypothetical.<\/strong><\/span><\/p>\n

irreparable injury<\/span><\/a> – an injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction<\/a>.<\/strong><\/span><\/p>\n

malicious injury<\/a><\/span> – a physical or non-physical injury resulting from a willful act committed with knowledge that it is likely to injure another or with reckless disregard of the consequences.<\/strong><\/span><\/p>\n

pecuniary injury<\/span><\/a> – an injury that can be adequately measured or compensated by money; a reparable injury<\/a> as opposed to an irreparable injury<\/a>.<\/span><\/strong><\/p>\n

permanent injury<\/span><\/a> – a lasting injury to person, land, water, or property that is likely to be lasting, and whose consequences cannot be remedied for an indefinite period.<\/strong><\/span><\/p>\n

willful and malicious injury<\/strong> <\/a><\/span>– an injury to a person or property inflicted intentionally and deliberately, without cause and with no regard for the legal rights of the injured party; often associated with bankruptcy. 11 USCA \u00a7 523(a)(6)<\/a>.<\/strong><\/span><\/p>\n

Various Types of Injuries
\nthat could Qualify as Other Types of Injuries as well:<\/span><\/strong><\/span><\/p>\n

personal injury<\/a><\/span> – an actionable physical (bodily) injury or invasion of a personal right (i.e. wrongful eviction, slander, false arrest, violation of the right to privacy); an injury to the individual himself, resulting from breach of contract or tort.
\n<\/strong><\/span><\/p>\n

Types of
\nPersonal Injuries:<\/span><\/strong><\/span><\/p>\n

bodily injuries<\/span><\/a> – physical harm or injury to a person\u2019s body.<\/strong> \u2014 aka personal injury<\/strong><\/em><\/span>; personal bodily injury<\/strong><\/em><\/span>; physical injury<\/strong><\/em><\/span>.\u00a0 See serious bodily injury<\/strong><\/em><\/span>; personal injury<\/strong><\/em><\/span>.
\n<\/span><\/p>\n