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Understanding the Differences Between Contract Law and Personal Injury

If you’ve suffered personal injuries as a result of someone else’s wrongful actions, you may have legal options to pursue compensation. In most cases, people assume that personal injury law is the only legal area through which they can get compensation. However, it’s important to know that other legal areas, such as contract law, may also come into play. Understanding the differences between contract law and personal injury law is vital for victims of accidents and injuries. In this blog post, we explore the key differences between contract law and personal injury law.

Overview of Personal Injury Law

Personal injury law involves legal remedies for injuries caused by the negligent or intentional actions of another person, company, or entity. When you suffer personal injuries, you’re entitled to compensation for damages. These damages may include medical expenses, lost wages, property damage, and punitive damages. Personal injury laws aim to provide justice to accident victims, and the damages awarded are usually commensurate with the harm caused. In contrast, contract law involves breach of contracts and damages for non-performance.

Overview of Contract Law

Contract law is the legal area that governs agreements between two or more parties. Contract law is very broad and can include anything from an employment contract to a rental agreement. A breach of a contract can occur when one of the parties fails to fulfill their obligations under the terms and conditions of the contract. The damages awarded in contract law cases are separate from those in personal injury cases, and they aim to compensate the victim for any economic losses they suffered.

The Differences

The significant difference between contract law and personal injury law lies in the breach that has occurred. In contract law, the breach may be a failure to perform any of the obligations in the contract. On the other hand, in personal injury law, the breach occurs when someone’s actions cause another person harm. The remedy for personal injury law is non-economic and economic damages, whereas the remedy for breach of contract is only economic damages. If the breach of contract results in personal injuries, then both personal injury law and contract law can apply.

When to Use Which

Knowing which legal remedy to apply can be confusing. Typically, if a person suffers injuries in an accident, they will start with personal injury law. However, if there is also a breach of a contract with the negligent party, then the plaintiff also has the option to sue using contract law. In legal disputes that are both contractual and personal injury in nature, it’s best to consult with a seasoned legal professional of their respective expertise who can guide you through the legal process.

Importance of Understanding the Differences

In legal disputes involving personal injuries and contracts, it’s crucial to understand the difference between personal injury law and contract law. Understanding the differences between the two can help a plaintiff make informed legal decisions on how to proceed with their case. It’s always best to consult with an experienced personal injury lawyer when seeking compensation for personal injuries.

On the surface, both personal injury law and contract law may appear the same. However, the difference between the two lies in the nature of the breach that has occurred. Personal injury law applies when someone’s wrongful action caused personal injuries to another person, while contract law comes into play when there is a breach of a contract. If you’ve suffered a personal injury and a breach of a contract with the negligent party, it’s crucial to seek legal advice from an experienced personal injury attorney. Understanding the difference between personal injury law and contract law can help victims of personal injury make informed legal decisions.

Author information: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter: @RachelleWilber

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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