Personal Injury

June 8, 2024

Personal injury in Indian law refers to physical or psychological harm suffered by an individual as a result of another party’s negligence, recklessness, or intentional wrongdoing. Personal injury claims encompass a wide range of accidents and incidents, including automobile accidents, workplace injuries, medical malpractice, premises liability, product defects, and assaults. The injured party, known as the plaintiff, may seek compensation for damages such as medical expenses, lost wages, pain and suffering, disability, disfigurement, and emotional distress. Personal injury claims are adjudicated under tort law principles, where the plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries, resulting in compensable damages. The burden of proof in personal injury cases rests with the plaintiff, who must demonstrate the defendant’s liability by a preponderance of the evidence. Personal injury litigation often involves negotiation, settlement discussions, or trial proceedings to determine fault and assess damages. Legal remedies for personal injury seek to provide financial relief, restore the injured party’s quality of life, and hold negligent parties accountable for their actions, promoting justice, deterrence, and compensation for victims.


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