01 Dec What Are Considered Personal Injuries?
Understanding What Types of Injuries Can Be Personal Injuries
Unfortunately, accidents happen every day. From small accidents like tripping over an uneven surface to severe accidents like a traumatic brain injury from a wreck, accidents vary from situation to situation. When someone is involved in an accident, typically, there is some sort of injury or damage that occurs.
You may hear the term bodily injury or personal injury when someone is hurt in an accident. While the two are closely related, they are not entirely interchangeable. However, most insurance companies refer to a personal injury as bodily injury. If you’ve been involved in an accident, more than likely, you’ve received what is considered personal injuries. Even though you can be injured due to an accident, what is considered to be a personal injury? This article will point out what they are and serve as your guide.
What is considered a personal injury? According to tort law, personal injury is the legal term for an injury to the mind, body, or emotions, as opposed to an injury to property. It’s used to refer to a type of lawsuit in which a plaintiff has suffered harm to their mind or body, so they file a claim against the entity or person that caused the damage or injury.
This could have been due to intentional misconduct, reckless conduct, gross negligence, negligence, or strict liability. When you file a claim, you are trying to receive compensation for damages you’ve suffered. Generally, this could include pain and suffering, medical bills, or a reduced quality of life.
Mental Personal Injuries
A psychological injury is not always tied to a physical one. However, mental injuries can often be linked or paralleled with a physical injury resulting from an accident. If an individual experiences mental harm as a direct result of another person’s actions, it can be considered a personal injury.
Whether you know it or not, psychological injuries are just as much personal injuries as any physical injury, and they can be just as crippling. Even after your physical wounds have healed, you can sometimes continue to suffer from mental illness injury or psychological damage. You can still pursue proper compensation for this type of personal injury.
Often, injured persons with mental or psychological injuries dissuade themselves from seeking the proper medical or professional help for their distress. They may feel like they should be able to “shake it off” and get over it quickly. People assume that trauma must stem from a tragedy as significant as a natural disaster or the death of a loved one, but it can be anything that is deeply distressing or disturbing. This can look different for every individual. You can be a witness to something and have it affect you mentally.
There are a wide variety of psychological injuries. Here’s a list of mental issues that can result from personal injury:
- Traumatic Brain Injury: a hit to the head or collision can cause a concussion or traumatic brain injury. These are physical injuries but can result or evolve into cognitive or mental impairment. This can include memory loss, reasoning, and problem-solving issues, and trouble concentrating.
- Inability to Cope: an accident can alter a person’s life. This can include how a person responds to and deals with trauma. Any injury that results in a permanent alteration or disability can make it difficult for someone to face their new reality. If they aren’t able to participate in activities that could usually, they may develop a mental disorder or psychological distress because of their inability to function normally. People who struggle with coping can experience weight loss, mood swings, insomnia, fatigue, and appetite loss.
There are other general mental issues that a victim can suffer from, including clinical depression, anxiety, mental fear or anguish, post-traumatic stress disorder, and chronic pain disorder. These and other mental issues are considered personal injuries.
Physical Personal Injuries
Physical injuries are usually what people first think about when they think about personal injury cases. They can be anything from the top of your head to the soles of your feet. When someone experiences a personal injury, usually it can immediately inflict physical pain and suffering on the victim. This pain could last days, weeks, months, or years depending on the circumstances and severity of the accident. Each case is different, and every person’s bodies experience pain differently.
Here’s a general list of different types of physical personal injuries.
- Head Injuries
- Brain Injuries
- Ear Injuries (such as deafness)
- Eye Injuries (such as blindness)
- Neck Injuries
- Spinal Cord Injuries
- Back Injuries
- Arm Injuries
- Leg Injuries
- Broken Bones
- Assault or Battery
- Burn Injury
- Animal Bites
Emotional Personal Injuries
Just like mental or psychological personal injuries, emotional injuries may not be realized as quickly or easily as physical ones. Any traumatic event can cause a mental or emotional disorder. Naturally, memories of pain, fear, or witnessing harm can be mortifying and distressing. Emotional trauma is often referred to as “pain and suffering.”
Symptoms of emotional personal injuries include:
- Loss of Appetite
- Diminished Quality of Life
- Loss of Enjoyment in Life
- Distress Over a Disability
- Embarrasment or Humiliation
- Loss of Sleep
What to do About Personal Injuries
The very first thing you should do if you experience a personal injury is to seek medical and professional attention. If there is a life-threatening injury as a result of an accident, you should immediately call 911. If you do not need immediate medical attention, you should gather as much information as possible.
Take photos of the damages, your injuries, and anything that shows liability or neglect of a person’s duty. You’ll want to take notes, take pictures, and write down any information from those who are involved in the accident. This documentation can help settle any dispute as to who’s at fault.
When it comes to documentation, you’ll want to gather as much as possible as soon as possible. After you’ve been involved in an accident, seek immediate medical or professional attention. Doctors are required to document injuries and create official records or reports. This documentation remains in your medical file for anyone who needs to view the details of your case. If you don’t seek immediate medical attention, it can be challenging to pinpoint the reason for your injuries. That’s why it’s best to go as soon as possible to a professional.
How to Prove a Personal Injury
From anything blatantly physically obvious to an emotional or mental personal injury, all personal injuries are enough of a basis to seek compensation. Reimbursement for medication, hospitalization, psychological treatment, and counseling can all be included in a settlement. The first thing you’ll need to do in a personal injury case is to prove liability. Keep a record of any medical treatment you receive. It’s crucial that when you seek medical treatment, you tell your doctor about any mental symptoms you experience due to the accident.
This will help to document any emotional or mental distress you have after the accident. It is equally important to keep a daily journal where you record how you feel and detail your injuries. You should document the large and small ways your everyday life has changed. The more evidence for psychological and emotional distress you collect, the stronger your case will be. Hiring a personal injury lawyer is essential when seeking compensation. They can help to walk you through every step, review the facts of your case, and help to prove your personal injury.
Types of Personal Injury Cases
No two personal injury cases are the same. Variables such as the event, the attorneys hired, and the people involved will always contribute to differences.
Truskett exclusively practices personal injury law and cover personal injury cases that include:
- Car Wreck Injury
- Semi-truck Crashes
- Surgical Injuries
- Property Damage
- Wrongful Death
- Catastrophic Injury
- Insurance Disputes in Oklahoma
- Nursing Home Negligence
- Unintentional Falls
- Defective Products
- Injuries from Animals
- Birth Injury
Contact a Local Personal Injury Lawyer
In Tulsa and anywhere else in the world, there are always going to be accidents that occur. That’s why it’s essential that if or when you experience a personal injury, you should contact a personal injury lawyer. They’re there to help you through the legal process, explain things to you, help gather necessary information and documentation, evaluate your case, and make sure that you are represented to the best of their ability.
Seeking legal counsel from an experienced personal injury lawyer is the smartest thing you can do for yourself when faced with a settlement. Luckily, Truskett attorneys are just the lawyers to assist you. They care deeply for their clients and want to ensure that you are correctly legally advised. Truskett lawyers exclusively practice personal injury law. They pride themselves on being honest with their clients, whether bad or good. They work for you because you’re their highest priority. You can contact them today for a free case evaluation or see if your injuries are considered personal injuries.
Don’t risk it. Call Truskett.