Area of law which involves the seeking of compensation for injuries sustained to a person. The injury can be either physical or psychological; however, psychological injuries are typically associated with some type of physical injury which causes a psychological trauma. For example, a person may have been traumatized due to sustaining a serious or life threatening injury or witnessing another person sustain serious trauma.
In order to collect compensation for a personal injury claim, liability on the part of the defendant must be proved. Mitigating circumstances such as failure to exercise reasonable care to prevent injury may result in a lower rate of compensation as both parties are at fault to some degree. The following are some examples of damages that can be recovered in a personal injury claim:
- Loss of earnings
- Pain and suffering
- Reasonable medical expenses
- Both present and future expected losses
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