Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Pennsylvania, personal injury law allows individuals who have suffered bodily injuries or emotional distress due to the actions or negligence of another party to seek compensation. These claims fall under the category of tort law, which encompasses wrongful acts that are intentional, negligent, or subject to strict liability (where fault does not need to be proven). To succeed in a personal injury claim in PA, the injured party (claimant or plaintiff) must establish that the other party (defendant) is liable for the injury and that there are actual damages, such as medical expenses, loss of income, or pain and suffering. Pennsylvania follows a modified comparative negligence rule, which means that a claimant's compensation may be reduced if they are found to be partially at fault for their injury, and if they are more than 50% at fault, they cannot recover damages. The state also has a statute of limitations, typically two years from the date of the injury, within which a personal injury lawsuit must be filed.