A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice. The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents.
Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. At least in the United States this system is complex and controversial with critics calling for various forms of tort reform.
Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered by another's breach of duty. Damages in tort are generally awarded to place the claimant in the position he/she would have been had the tort not taken place. Learn more about this with the .
Damages in tort are quantified under two headings: general damages and special damages.
General damages compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc.
General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury, or in the tort of defamation. Learn more about this with the .
Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings, loss of irreplaceable items, and additional domestic costs etc. They are seen in both personal and commercial actions.
Special damages can include direct losses and consequential or economic losses resulting from lost profits in a business. Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. If you want more information about personal injuries and legal issues around it, then visit the .