In our introduction video we pointed out you need an injury before he can bring a personal injury claim. This seems self evident. If someone slams into you while you’re driving a car and you suffer fractured ribs that’s a real injury. Generally referred to as a physical injury.

DIFFERENT FORMS OF PERSONAL INJURIES

There are other personal injuries. The principal other category of personal injuries is mental and emotional. If as a result of being struck from behind you develop a real fear of driving, the fear is another form of the personal injury. If the emotional distress caused by being rear ended is severe it may produce a post traumatic stress disorder. This is a lingering condition which many times can become disabling. The person who suffers this personal injury may be so traumatized they never want to drive again.

Post traumatic stress disorder and other emotional injuries are recognized by the medical profession. Some people do not believe emotional injuries are real. If they serve on a jury they may not vote for reimbursement of personal injuries. This is why in emotional injury cases the proof is extremely important.

The simple point here is Emotional injuries such a a Post Traumatic Stress Disorder or other similar personal injuries do give rise to a claim. The individual who suffers them posseses a right to be reimbursed for the hardships the hassles and heartache they suffer, just as someone who suffers fractured ribs.

Another form of the personal injury is what the law refers to as loss of consortium. It is a personal injury which someone who is married can suffer. The law recognizes someone in a marital relationship is obtaining benefits from their spouse. The benefits consist of comfort, care, and the everyday help that goes into maintaining a household. When one spouse suffers personal injury the other spouse is deprived of these essential elements of a marriage. Most people don’t think about this. Many people taken for granted. Yet, it is a real loss that afflicts that someone who confronts a spouse who’s injured and cannot engage in the emotional and physical activities that make up a good marriage. This is another form of personal injury.

OBJECTIVE FORMS OF PERSONAL INJURY

The other forms of damage which can occur are medical expenses and loss of income. These things are generally not referred to as personal injuries in the law but referred to as special damages. They are damages which possess a special character because they are represented by a specific, or special monetary value. If you are billed $5000 for an emergency room visit the bill is specific, or special. If you lose $4000 from being unable to work for a month loss is an economic damage which is specific or special.

If Alex runs a red light and kills Betty her family can bring a claim for the loss of that person. The damages or personal injuries to the people left behind consist of such things as the loss of affection, comfort and solace provided by the person. There also many times special damages consisting of medical expenses and funeral expenses. Not all states deal with what are called wrongful death claims the same way. Some states allow the person who is left behind by the individual who was killed the right to bring claim for all the damage I’ve just mentioned. Other states only allow recovery the special or specific damages, such as medical expenses and funeral expenses.

As can be seen injury in a personal injury claim consists of many components and various aspects. Moreover, not all states deal with these things in the same way. It is for this reason an experienced lawyer can be of real assistance in providing guidance in dealing with a personal injury and wrongful death claims. I’m David Allen.