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Personal Injury

Personal Injury Law Overview

Authors: Janelle Black
Firm / Chambers:
Last updated: 13 Aug 2015

PPersonal Injury Law Overviewersonal injury law typically revolves around a claim for compensation being made by an injured person for an injury he or she personally suffered as a result of someone else’s negligence. Compensation is usually awarded to a person in recognition of loss, suffering or injury. The compensation is generally financial.

Anyone can suffer a personal injury but not everyone can make a claim for that injury. In order to make a claim you must prove fault or negligence on the part of the person who caused or contributed to the circumstances of the injury.

Personal injury law falls within the area of tort law known as negligence. Negligence involves harm caused by carelessness as opposed to intentional harm. The law of negligence requires that people exercise reasonable care when they act by taking account of the potential harm they might cause to other people. You can find out more in our Negligence & Torts Law topic.

Many different claims fall within personal injury law and within the broad area of negligence. There are also different laws that apply to each personal injury claim type. These laws may also be different in each state and territory.

If you are injured and think your injury was caused by the carelessness or recklessness of another person you may be entitled to make a claim for compensation for the loss and damage you suffered.

Personal injury law can overlap with insurance law as personal injury claims are often compensated by insurance companies under insurance policies. For more information see the other topics in our Compensation & Insurance area.

This Legal Guide on Personal Injury Law provides claimants and respondents with information about the claims process. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.

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