A legal injury is a term in tort law that refers to any type of harm, loss, or injury that results from a violation of a legal right. The injuries may be physical, emotional, or financial. The law provides a remedy (damages) for legal injuries, i.e., someone who sustains a legal injury has the right to pursue damages from the at-fault party.
What are some examples of legal injuries?
In each personal injury case, we identify all the legal injuries the victim sustains so we can demand appropriate reimbursement for them. Legal injuries generally fall into one of two categories: monetary and non-monetary losses. Personal injury victims have the right to seek compensation for both types of injuries.
Some of the legal injuries that are compensable in a personal injury case include the following:
- Monetary losses: Any tangible legal injury you sustain that is calculable using bills and receipts is a monetary loss. You can seek “special damages” to recover these losses. Examples include medical bills, loss of wages, property damage, and incidental expenses such as hiring in-home help, transportation expenses, assistive devices, and home or vehicle modifications.
- Non-monetary losses: Non-monetary losses are intangible legal injuries you sustain that do not have an inherent dollar value. You can seek “general damages” to compensate you for your non-monetary losses. Examples include pain and suffering, emotional harms, psychological injuries, and loss of quality of life.
How do I know if my injuries constitute a “legal injury”?
If you sustain an injury or suffer a loss that was not your fault, you must determine whether your injury constitutes a legal injury and justifies you to file a personal injury claim. The litmus test for a legal injury is negligence. That is, did someone else’s negligent actions cause your injury? If the answer is yes, you have sustained a legal injury for which you can pursue damages.
In legal terms, negligence simply means a breach of duty of care. When someone fails to uphold his/her duty to act in a reasonably safe manner, that person has been negligent. Personal injury law provides that victims can hold the at-fault party financially liable for the legal injuries they sustained from the at-fault party’s actions.
Examples of negligence include:
- A driver that drives while intoxicated
- A doctor that administers the wrong medication
- A retail store that leaves boxes strewn in the aisles
- A foreman that fails to give his crew proper safety training
- A city entity that fails to properly maintain or design roadways
- A manufacturer that puts a defective or dangerous product on the market
Call Berger and Green for Help with a Legal Injury Case
If you have sustained a legal injury, the Pennsylvania personal injury lawyers at Berger and Green can help you recover maximum compensation for your losses. Call our office at 412-661-1400 for a free consultation today.