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As a legal term, injury is a harm done to a person due to acts or omissions of other persons. Harm may be of various kinds: bodily injury , psychological trauma , loss of property or reputation, breach of contract , etc. Injury may give rise to civil tort or criminal prosecution.
Serious injury: In 2015, the European Union defined a concept of serious injures in order to share the same definition across the whole European Union. [6] This new concept is based on MAIS (from the English Maximum Abbreviated Injury Scale). Based on this standard, serious injuries are defined as scale 3 and more (or MAIS3+).
For example, for the purposes of general liability, a 2001 survey found that a minority of courts included emotional distress within the definition of bodily injury. [28] [29] Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
The maximum penalty, five years, is the same as that for actual bodily harm, but a section 20 offence is considered more serious by the courts and the Crown Prosecution Service. [39] A judge is free on the facts of the case to allow a jury find a defendant guilty of assault occasioning actual bodily harm where a defendant is charged with a ...
Appellate court or court of last resort (vs. iudex a quo) iudex a quo: Lower court from which an appeal originates; originating court (vs. iudex ad quem) iura novit curia: the court knows the law The principle that the parties to a legal dispute do not need to plead or prove the law that applies to their case. ius accrescendi: right of accrual
The Third and Fourth Departments have begun to consider post-traumatic stress disorder (PTSD) as a ‘serious injury’ under Insurance Law §5102(d)’s definition of “significant limitation of ...
The altercation does not cause serious bodily injury or threaten to cause injury, or The victim knew of the risks and participated anyway. Consent does not have to be explicit, Tidwell said.
The authority for the actus reus and mens rea of involuntary manslaughter by an unlawful and dangerous act is the High Court of Australia case of Wilson v R. [31] This case determined that the act that caused the death must breach the criminal law and that the act must carry an appreciable risk of serious injury (actus reus).