Injured Party Legal Definition: Everything You Need to Know
Injured party legal definition describes the person who has received injury in cases where one person has inflicted harm or wrongdoing on another person.3 min read
Injured party legal definition describes the person who has received injury in cases where one person has inflicted harm or wrongdoing on another person. Damage includes what is done to the person's body, property, rights, reputation, and is considered a legal and protected interest of the person.
Two types of injuries are civil and accidental. A civil injury occurs when a breach of contract, negligence, or breach of duty results in damage to a person or property. Whether the damage is caused by neglect or intentional acts, the law of torts offers remedies. An accidental injury is addressed under the Workers' Compensation Act if the injury took place while employed and was unintentional. The ability to recover damages from the person who caused the injury is possible under the law.
Personal Injury Law
Personal injury law is defined as a civil wrong or type of tort that takes place when one person experiences harm or damage due to the negligence of another person. Torts are recognized by the law as a way to provide legal grounds to sue the person responsible for the harm or damage. By filing suit, the attempt can be made to recover any losses caused by the injury, harm, or psychological damages. Damages can also include future losses that are the result of the injury.
Personal injury law is in place as a way for the injured party to return to normal, or as close to as possible, through legal protections. In personal injury law, one of the most important aspects is the liability. When the person inflicted harm through lack of reasonable care, it is seen as a liability. If it is found that the harm is caused through negligent or reckless care, that can also result in a judgment of liability.
The downside to personal injury law is that the injured person will have their life examined for any pre-existing medical conditions as a way to for the insurance company to limit their financial outlay. Personal injury law is quite complicated and can be a difficult process to go through.
Third-party liability in the workplace may be possible if the injury or harm is caused by a person or company that is not the employer where the injured person works. This cannot be an employee's colleague or manager. It can include:
- Manufacturing defects.
- Design defects.
- Drivers who cause car accidents that injure employees who are on the job.
- The owners of a business an employee visits as part of their job responsibilities.
An example of third-party liability is if a road construction worker is hit by a drunk or distracted truck driver. The worker will receive workers' compensation payments. The injured party does not need to prove that it was the fault of the employer for workers' compensation payment benefits to be paid. However, that may not be enough to cover medical and recovery costs and lost income. This is why the worker would then sue both the truck driver and the trucking company. By filing suit against the third-parties, the worker has the chance to receive damages to cover additional concerns such as:
- Mental anguish.
- Pain and suffering.
- Punitive damages.
For a third-party claim to be successful, negligence and fault must be proven in the form of duty, breach of duty, causation, and damages. If there was a manufacturing defect, all that needs to be shown is that the defect caused the injury.
Types of Injuries
Injuries can appear in three ways.
- Nonfeasance, or not fulfilling a legal obligation, duty, or contract to perform.
- Misfeasance, or the completion of an act improperly by the person whose duty it is to perform.
- Malfeasance, or when someone completes an act they were not contracted to perform or had no authority to perform.
Injuries can be seen as absolute or relative as to how they affect the person. Examples of absolute injuries include:
- Threats and menaces.
- Malicious prosecutions.
- False imprisonment.
Examples of relative injuries include:
- Those which affect the rights of the husband.
- Those which affect the rights of the parent.
- Those which affect the rights of the master.
Examples of injuries to real property include:
- Disturbance of right of way.
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