We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Substantial Personal Injury or Illness: A Legal Perspective
Definition & Meaning
Substantial personal injury or illness refers to any injury or illness that is significant in nature. It does not need to be severe or life-threatening. The term "substantial" excludes injuries or illnesses that are considered insignificant or negligible. This definition is important in various legal contexts, particularly when assessing liability or damages in personal injury cases.
Table of content
Legal Use & context
This term is commonly used in legal practices related to personal injury law, insurance claims, and product liability cases. It helps determine the extent of damages in civil lawsuits. Users can often manage related legal processes themselves by utilizing legal templates provided by services like US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
A person who suffers a broken wrist from a slip and fall accident may experience substantial personal injury, as it significantly affects their daily activities.
A person who contracts a severe allergic reaction after using a defective product could also be considered to have a substantial illness (hypothetical example).
State-by-state differences
State
Definition Variance
California
Recognizes substantial injuries in both personal injury and workers' compensation claims.
New York
Emphasizes the severity of the injury in determining damages in personal injury cases.
Texas
Focuses on the impact of the injury on the person's quality of life.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Minor Injury
An injury that is not significant and does not require extensive medical treatment.
Minor injuries are usually not considered substantial.
Severe Injury
An injury that poses a serious risk to health or life.
All severe injuries are substantial, but not all substantial injuries are severe.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced a substantial personal injury or illness, consider the following steps:
Document your injury or illness, including medical records and any related expenses.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you file claims or lawsuits related to your situation.
For complex matters, seeking professional legal assistance is advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.