Also known as:personal physical injury · personal injury · bodily injury
Written by attorneys · grounded in primary & secondary sources — see below
Harm to a person's body from physical trauma, giving rise to recovery of medical expenses, pain and suffering, and lost earnings.
Sources & Authorities
How it applies
Common Examples
6
Threat During Laptop Theft
Pamela Phillips grabbed a government laptop and fled. When the clerk pursued her, Pamela turned and pointed a replica pistol at him while warning she would shoot if he followed. The threat placed the clerk in fear of immediate serious bodily injury during the theft.
Further Harm After Initial Injury
Pearl Porter suffered a broken leg from a driver's negligence. Paramedics arrived and applied a splint negligently, worsening the fracture. The driver remained liable for the additional harm that resulted from the normal efforts to render aid.
Vote Nullification Claim
Paige Porter, a state legislator, voted against a bill. The lieutenant governor cast a tie-breaking vote that enacted the measure. Paige claimed the action inflicted a concrete personal injury by nullifying her vote and sought standing to challenge it.
Put it into practice
Test Yourself
10
Practice Questions5
· 31 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Injury Settlement Classification
Phuong Pham received a tort recovery for a broken arm sustained in a car accident. The couple had paid medical bills from marital funds. The recovery remained Phuong's individual property except for the portion used to reimburse those marital expenses.
Head Trauma in Dispute
Penelope Price locked a colleague in a room and struck him repeatedly in the head with a stapler until he lost consciousness. The deliberate blows to the head demonstrated intent to inflict great bodily injury, supplying implied malice for a murder charge after the victim died.
Assault With Bodily Harm
Patricia Patel swung a heavy object at a coworker during an argument and struck him, fracturing his arm. The purposeful blow caused bodily injury, satisfying the elements of assault under the governing statute.
Common questions
Frequently Asked
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How does the tax code treat recoveries for personal physical injuries?+
Section 104(a)(2) excludes from gross income damages received on account of personal physical injuries or physical sickness, other than punitive damages. The exclusion covers medical expenses, pain and suffering, and lost earnings that replace what would have been taxable income.
Supporting sources
When does a threat create liability for robbery involving personal physical injuries?+
Under Model Penal Code § 222.1(1)(b), robbery occurs when a person, in the course of committing a theft, threatens another with or purposely puts the victim in fear of immediate serious bodily injury. The threat need not involve an operable weapon if it creates reasonable fear of serious harm.
Supporting sources
Does a negligent actor remain liable for additional harm caused during aid after an initial injury?+
Yes. Restatement (Second) of Torts § 457 provides that if the negligent actor is liable for bodily injury, the actor is also subject to liability for additional bodily harm resulting from normal efforts of third persons to render aid, even if those efforts are performed negligently.
Supporting sources
ContractsDefenses to enforceability · Incapacity to contractUBEIntermediate