The Basics of Personal Injury Law: What You Need to Know

Introduction

Personal Injury Law refers to that stream of law which pertains to the subject of providing the compensation for physical, psychological or emotional injury suffered by individuals due to the negligent conduct of the other parties. The objective of personal injury law is to hold the negligent individual/entity responsible and provide for damages or compensation to the injured party in monetary terms as per the degree of injury caused.

The legal landscape pertaining to personal injury laws in India flows from two sources which comprise the law of torts and the Constitution of India which guarantees to all individuals the right to life and liberty. There are various other claims for personal injury which are codified and protected under various statutes such as the Consumer Protection Act 2019, the Motor Vehicle Act 2019, Medical Negligence etc.

Types of Personal Injury Claims in India

In India, the following types of personal injury claims are recognised under the law allowing the parties to initiate legal action which are as follows:

1. Product Liability – Product Liability refers to the legal responsibility of the sellers, manufacturers, distributors and other stakeholders towards ensuring that the products sold or the services provided are not injurious or detrimental to the interests of the purchasers or consumers and do not injure their legal rights.
2. Medical Personal Injuries – Also known as medical malpractices, this type of personal injuries pertains to circumstances wherein any injury is caused due to healthcare professionals including doctors, nurses or other medical support staff which owe a duty of care towards the patients. In order to bring a successful claim for such injurites, it is necessary to prove a duty of care on the part of the defaulting party, breach of the expected duty of care and personal damage caused due to it. Section 106(2) of the Bhartiya Nyaya Sanhita which is based upon Section 304A of the Indian Penal Code talks about such injuries in the form of medical negligence.
3. Assault and battery – the cases of assault and battery refer to those situations wherein intentional acts result in physical harm or emotional distress to the other parties. The term assault refers to a threat of imminent harm while the term battery refers to actual physical distress that causes harm. The factor that differentiates assault and battery from other types of personal injuries is that while the other injuries are majorly focused upon the duty of care owed by one party towards the other and breach of such duty, the jurisprudence of assault and battery arises out of the intent of the party causing harm to the other. Criminal charges may also be brought in cases of assault and battery accompanying civil suits under law of torts or other statutes.
4. Motor vehicle Related Injuries – One of the most common personal injuries worldwide are the injuries arising out of motor accidents which may lead to severe bodily injuries or injuries relating to damage caused to property. In order to determine the compensation payable in such cases, various factors are taken into consideration such as evidence on record, testimony of witnesses, medical records, investigation proofs etc. In India, the Motor Vehicles Act, 2019 is the primary law governing the injuries relating to motor vehicles.

Types of Remedies in Personal Injury Law

There are various remedies that may be available with the injured party and depending upon the circumstances, they can be categorized as follows:

1. Compensatory Damages – Compensatory damages refer to those damages which may be awarded to the injured party to reimburse them for the injury caused or the losses suffered. The may be in the form of economic damages where the exact sum of money may be ascertained to be awarded to the injured party in event the injury caused is ascertainable in economic terms or non – economic damages which may arise in situations wherein the clear amount may not be ascertained. For instance, in cases of mental anguish or loss of enjoyment of life, the exact amount to be awarded as compensatory damages cannot be ascertained.
2. Punitive Damages – These are the damages which may be awarded in addition to the compensatory damages in event the conduct of the delinquent party is found to be extremely harmful or erroneous leading to the need to inflict punitive measures for deterring them from adopting such conduct in the future.
3. Criminal Sanctions/Injunctions – Such type of remedies may be adopted by the courts in event that invoking the criminal laws are required as per the facts of the case. The courts may impose criminal sanctions upon the delinquent party such as imprisonment in cases such as negligent driving, medical negligence etc., or imposing injunctions upon adopting any particular act or method in cases under Consumer Protection Act. 

Conclusion

The personal injury laws are a set of laws that act as an effective mechanism for an individual to protect and safeguard their personal rights and liberty in event of an injury caused to them either physically, mentally or emotionally. The claims pertaining to personal injury encompass a wide range of incidents which may require an accurate examination of the circumstances along with the laws applicable based upon the facts of the case.

Even though all types of personal injuries may not be codified under the law, Article 21 of the Constitution of India which guarantees the right to life allows the injured parties to bring an action for damages in event of violation of their rights and seek compensation or damages in the aftermath of the injury. By being informed about personal injury laws along with essentials for bringing a successful action, the parties can be able to make an informed decision along with advocating for their rights.

King Stubb & Kasiva,
Advocates & Attorneys

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