The harmful act or damage done by a person to another person is regulated under the branch of civil law known as Personal Injury Law. The personal injury can be physical or psychological. Personal injury law deals mostly with torts. Torts are injuries done to another in his person, property, rights, or reputation. The basic principle of tort law is that injured persons should be compensated by those responsible for their injuries. Thus, a person injured has the right to file a claim against the person committing the tort for damages. The main stipulation to establish liability in personal injury law is whether or not the defendant was at fault, and whether the fault is the cause of the injury.

In a personal injury case the amount of damages a claimant can receive is contingent on the type of injury sustained; the seriousness of the injury; financial, physical, or emotional loses; and the area of jurisdiction the claimant resides. Additional factors may also be considered by the court based on a particular situation. In general two types of damages can be received for a personal injury claim, which are compensatory or punitive.

Compensatory damages are a monetary amount awarded to compensate the victim for losses they may have suffered. The losses may include medical costs, loss of earnings based on the past and future earnings, loss of the capability to work, loss of household services, emotional suffering sustained by the victim, loss of quality of life and further damages particular to the victim. Aside from the injured party other person may also bring claims for compensatory damages. A spouse who is an indirect victim may also seek compensatory damages for lost earnings that are contributed by the spouse in the household.

Punitive damages may be awarded in some cases for further damages the claimant may have sustained. Punitive damages are mainly established by the fact finder in the case, the judge or jury and are not presented in all jurisdictions. Punitive damages are meant to punish the person responsible for the negligence or wrongdoing. To determine whether punitive damages are necessary in a particular case the specifics of the claim, state laws, jurisdiction and the fact finder are often considered.

Statute of Limitations

A statute of limitations is the timeframe or maximum allowed period of time within which a personal injury claim may be filed. All claims are subject to statutes of limitations which differs by the state and whether or not the case is filed in a federal or state court. A personal injury claim must be filed before the end of the statute of limitations; otherwise, the right to claim or file a case is disqualified. In some cases, the statute of limitations may be extended.