injury

Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, No. 7. Absolute injuries. Injuries to those rights which a person possesses as being a member of society.

@ accidental injury

A bodily injury by accident. Within worker's compensation acts, one which occurs in the course of the employment, unexpectedly, and without the affirmative act or design of the employee; it being something which is unforeseen and not expected by the person to whom it happens. Any injury to an employee in the course of his employment due to any occurrence referable to a definite time, and of the happening of which he can give notice to his employer, regardless of whether the injury is a visible hurt from external force, or disease or infection induced by sudden and castastrophic exposure. Lerner v. Rump Bros., 212 App.Div. 747, 209 N.Y.S. 698, 701.

The term is to receive a broad and liberal construction with a view to compensating injured employes where injury resulted through some accidental means, was unexpected and undesigned and may be the result of mere mischance or miscalculation as to effect of voluntary action. It includes an accident causing injury to the physical structure of the body, notwithstanding a natural weakness predisposing to injury. For purposes of workers' compensation act, a "pain" can be classified as an "injury," Herndon v. Albuquerque Public Schools, App., 92 N.M. 635, 593 P.2d 470, 475;

as can mental ailments or nervous conditions directly resulting from physical injury, Campbell v. Riser Corp. & Diecast, 137 Ind.App. 366, 208 N.E.2d 727, 730.

The words indicate, not so much the existence of an accident, but rather the idea that the injury was unexpected or unintended.

See also accident

- compensable injury

- continuous injury

- damages

- disability

- great bodily injury

- harm

- loss

- malicious injury

- pain and suffering

- pecuniary injury.

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Bankruptcy law.

Willful and malicious conversion is an "injury" within meaning of Bankruptcy Code section stating that individual is not discharged from debt for willful and malicious "injury" by debtor. Bankruptcy Code No. 523. In re Holtz, Bkrtcy.N.D.Iowa, 62 B.R. 782, 785.

Violation of constitutional rights. "Injury" within meaning of state Tort Claims Act includes damage caused by violation of constitutional rights. Lloyd v. Borough of Stone Harbor, 179 N.J.Super. 496, 432 A.2d 572, 580

@ bodily injury

Physical pain, illness or any impairment of physical condition.

"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Model Penal Code, No. 210.0.

+ bodily injury

Generally refers only to injury to the body, or to sickness or disease contracted by the injured as a result of injury; including illness caused by nervous shock or injury resulting from rape or attempted rape.

See also disability

- injury

- serious bodily injury

@ civil injury

Injuries to person or property, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. An infringement or privation of the civil rights which belong to individuals considered as individuals

@ injury in fact

Such as is required to give a plaintiff standing to sue means concrete and certain harm and, to warrant granting of standing, there must also be reason to think that the harm can be redressed by relief the court can grant. National Collegiate Athletic Ass'n v. Califano, C.A.Kan., 622 F.2d 1382, 1386

@ irreparable injury

This phrase does not mean such an injury as is beyond the possibility of repair, or beyond possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small, which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, or because no certain pecuniary standard exists for the measurement of damages, cannot receive reasonable redress in a court of law. Wrongs of a repeated and continuing character, or which occasion damages that are estimated only by conjecture, and not by any accurate standard, are included. The remedy for such is commonly in the nature of injunctive relief.

"Irreparable injury" justifying an injunction is that which cannot be adequately compensated in damages or for which damages cannot be compensable in money. Caffery v. Powell, La.App., 320 So.2d 223, 226.

Contrast reparable injury, below.

See injunction

- temporary restraining order.

- damages

- injury

@ permanent injury

An injury that, according to every reasonable probability, will continue throughout the remainder of one's life.

+ permanent injury

One where situation has stabilized and permanent damage is reasonably certain. Haugen Trust v. Warner, 204 Mont. 508, 665 P.2d 1132, 1135.

Physical or mental impairment or disability which will last throughout life, or injury reasonably certain to be followed by permanent impairment of earning capacity or one producing permanent irremediable pain. Driver v. Anheuser, Mo.App., 397 S.W.2d 11, 16.

See also permanent disability

@ personal injury

In a narrow sense, a hurt or damage done to a man's person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chiefly used in this connection with actions of tort for negligence and under worker's compensation statutes. But the term is also used (usually in statutes) in a much wider sense, and as including any injury which is an invasion of personal rights, and in this signification it may include such injuries to the person as libel or slander, criminal conversation, malicious prosecution, false imprisonment, and mental suffering. Gray v. Wallace, 319 S.W.2d 582.

In worker's compensation acts, "personal injury" means any harm or damage to the health of an employee, however caused, whether by accident, disease, or otherwise, which arises in the course of and out of his employment, and incapacitates him in whole or in part. The occurrence of disability or impairment. Such includes the aggravation of a preexisting injury.

@ private injuries

Infringements of the private or civil rights belonging to individuals considered as individuals.

@ public injuries

Breaches and violations of rights and duties which affect the whole community as a community.

@ real injury

A real injury is inflicted by any act by which a person's honor or dignity is affected. Relative injuries. Injuries to those rights which a person possesses in relation to the person who is immediately affected by the wrongful act done.

+ real injury

In the civil law, an injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words.

See injury

@ reparable injury

The general principle is that an injury, the damage from which is merely in the nature of pecuniary loss, and can be exactly and fully repaired by compensation in money, is a "reparable injury".

Contrast irreparable injury, above.

@ unknown injury rule

Under this rule, release of claims for personal injuries may be avoided on the ground of mutual mistake if parties at the time of signing the agreement were mistaken as to the existence of injury, as opposed to unknown consequences of known injuries. LaFleur v. C.C. Pierce Co., Inc., et al., 398 Mass. 254, 496 N.E.2d 827.

@ verbal injury

See libel

- slander.

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