{"id":7164,"date":"2017-11-07T19:01:46","date_gmt":"2017-11-07T19:01:46","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7164"},"modified":"2017-12-24T23:47:42","modified_gmt":"2017-12-24T23:47:42","slug":"personal-injury","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7164","title":{"rendered":"Personal Injury – an actionable physical (bodily) injury or invasion of a personal right (i.e. wrongful eviction, slander,\u00a0false arrest, violation of the right to privacy); an injury to the individual himself, resulting from breach of contract or tort"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0Unlike other areas of the law that find their rules in statutes<\/a> (such as penal codes in criminal cases<\/a>)<\/em>, the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars<\/a>.\u00a0 Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.\u00a0<\/strong>[1]<\/span><\/p>\n

personal injury<\/span>:
\n<\/strong><\/span>(16c.) Torts<\/em>. <\/span><\/p>\n

1. In a negligence action, any harm caused to a person, such as a\u00a0<\/strong>broken bone, a cut, or a bruise; bodily injury.<\/strong> \u2014 aka\u00a0bodily injury<\/em><\/span><\/strong>.<\/span><\/p>\n

2. Any\u00a0<\/strong>invasion of a personal right, including mental suffering & false imprisonment.<\/strong> \u2014\u00a0aka\u00a0private injury<\/em><\/span><\/strong>.<\/span><\/p>\n

3. For purposes of workers’ compensation, any harm\u00a0<\/strong>(including a worsened preexisting condition)<\/em> that arises in the scope of employment.\u00a0<\/strong>\u2014 Abbr. PI.\u00a0[2]<\/span><\/p>\n

1. An injury to the body of a person. Smith v Buck<\/em>, 119 Ohio St 101, 162 NE 82, 61 ALR 1343; Rheudasil v Clower<\/em> (Tenn) 270 SW2d 345, 46 ALR2d 1083<\/span>. <\/span><\/strong><\/p>\n

A personal wrong; an invasion of a personal right; an injury which pertains to the person, the individual. People v Quanstrom<\/em>, 93 Mich 254, 53 NW 165<\/span>. <\/span><\/strong><\/p>\n

As the subject of an action: \u2014 an injury to the person, whether the action is based upon contract or tort. 34 Am J Rev ed Lim Ac \u00a7 103<\/span>. <\/span><\/strong><\/p>\n

Any actionable injury to the individual himself, whether or not it involves physical contact. Bennett v Bennett<\/em>, 116 NY 584, 23 NE 17<\/span>. <\/span><\/span><\/strong><\/p>\n

Any injury causing actual physical pain, discomfort, or disability to any person, which occasions loss or damage either to such person or to any other person entitled to the benefit of the services of the injured person. White v Safe Deposit & Trust Co<\/em>. 140 Md 593, 118 A 77, 24 ALR 482, 485<\/span> (alienation of spouse\u2019s affections); sometimes inclusive of an injury affecting the reputation, character, conduct, manner, and habits of a person. Tisdale v Eubanks<\/em>, 180 NC 153, 104 SE 339, 11 ALR 374<\/span>. <\/span><\/span><\/strong><\/p>\n

As the term is used in venue statutes: \u2014 a physical or bodily injury. 56 Am J 1st Ven \u00a7 15<\/span>. <\/span><\/span><\/strong><\/p>\n

As the term is used in workmen\u2019s compensation acts: \u2014 any lesion or change in the structure of the body, causing harm thereto and a lessened facility of its natural and normal use. 58 Am J1st Workm Comp \u00a7 194<\/span>.<\/span><\/span><\/strong><\/p>\n

\n

There are two classes of personal injuries: those that are fatal, and those that are not fatal.\u00a0 The term naturally includes injuries of both classes because no one of either class is not an injury.\u00a0 The obvious and ordinary meaning of the term is all injuries, whether fatal or not.\u00a0 Hendel v State Farm Mut. Auto. Ins. Co<\/em>. (CA7 Ind) 97 PM 777<\/span>.<\/span><\/strong><\/p>\n

A right of action exists in favor of a child permanently injured through the negligence of another prior to its birth but after it had become a viable child, under a constitutional provision affording a remedy to every \u201cperson” for injury done him in his person. Williams v Marion Rapid Transit<\/em>, 152 Ohio St 114, 87 NE2d 334, 10 ALR2d 1051<\/span>.<\/strong> [3]<\/span><\/p>\n

1. As used in connection with negligence suits and workers’ compensation actions, an injury to the body of a person.\u00a0<\/strong> See personal\u00a0 tort.<\/em><\/span><\/p>\n

2. In a broader sense, any violation or invasion of a personal right.<\/strong> [4]<\/span><\/p>\n<\/div>\n

1.<\/strong> A non\u00a0physical injury<\/a>\u00a0that occurs due to wrongful eviction, slander,\u00a0false arrest<\/a>\u00a0or by violating the right to privacy of any person.\u00a0<\/strong>[5]<\/span>
\n<\/span><\/p>\n

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

Ouster<\/a><\/span>\u00a0–\u00a0the wrongful dispossession or exclusion of someone from property.<\/strong><\/span><\/p>\n