Also known as: personal injuries · PI
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Harm to a person's body or physical safety that the law protects against unintentional invasion.
A recovery for personal injury that is classified as the injured spouse's individual property except to the extent expenses were paid from marital assets.
Each sense below has its own examples, sources, and questions.
Harm to a person's body or physical safety that the law protects against unintentional invasion.
Select any source to read its text and confirm it supports the definition.
A recovery for personal injury that is classified as the injured spouse's individual property except to the extent expenses were paid from marital assets.
Select any source to read its text and confirm it supports the definition.
Phoebe Park was injured when a passenger ferry collided with her sailboat. She filed a claim in the vessel owner's limitation action. Her filing stated that the nature of the claim was personal injury and listed the amount sought for her fractured ribs and lost wages.
Yes. Negligence doctrine centers on protecting persons against unintentional physical harm. A plaintiff who suffers a broken bone or other bodily injury asserts exactly the type of interest the law safeguards through negligence actions.
Supporting sources
The claimant must identify the nature of the claim, including whether it seeks damages for personal injury, and must also state the amount claimed.
Supporting sources
Pavel Petrov suffered a broken leg when a delivery truck struck his bicycle. He received a $180,000 settlement. After the accident, Pavel and his spouse Paige Porter separated. The court classified the full settlement as Pavel's individual property because none of the medical bills had been paid from marital assets.
The recovery belongs to the injured spouse as individual property. Only the portion used to reimburse expenses already paid from marital property is reclassified as marital.
Supporting sources