Personal injury
As a personal injury one is damage-forming event referred that the injury , poisoning or death of persons entails. Avoiding personal injury at work is a primary concern of occupational safety . The counterpart is property damage .
application
This description is used for:
- Workplace accidents
- Traffic accidents
- Accidents in the railway sector
In the insurance sector, a personal injury is described by the following characteristics:
Categories
According to the accident categories, the accident statistics in Germany have the following classifications of personal injury:
- A person who has had a casualty is considered to be slightly injured and requires medical treatment or a hospital stay of less than 24 hours as a result of the accident.
- A seriously injured person is considered to be someone who has been treated in hospital for more than 24 hours.
- A hospital stay of more than a month is sometimes referred to as seriously injured.
- If an injured person dies within 30 days of a traffic accident as a result of the accident, he is deemed to have been killed.
Legal bases
Anyone who suffers personal injury is entitled to the restoration of the physical and, if necessary, psychological state that would exist without the damaging event. It concerns a contractual claim (contractual liability) and / or a tortious claim from § 842 BGB ( unlawful act ) against the injuring party for all disadvantages that the act causes for the acquisition or the advancement of the injured party. If the injured person's ability to work is suspended or reduced due to the injury, the injuring party must pay a cash pension ( Section 843 (1) BGB). The surviving dependents of a person killed are entitled to reimbursement of funeral costs under Section 844 (1) of the German Civil Code and to reimbursement of the maintenance they have lost under Section 844 (2) of the German Civil Code.
literature
- Frank Pardey: Calculation of Personal Injury , 4th edition Heidelberg 2010, ISBN 978-3-8114-3524-7
Web links
Individual evidence
- ^ Hermann Lange / Gottfried Schiemann: Damages . 2003, p. 63 .
- ^ Hermann Lange / Gottfried Schiemann, Damages , 2003, p. 307
