Bodily Injury vs Personal Injury: What’s the Difference?
Do you understand the difference between bodily injury vs personal injury? It can be a bit confusing when it comes to legal matters.
Read here for clarification.
Bodily Injury vs Personal Injury
There are certain terms that get thrown around in the legal field. Sometimes, in layman’s terms, legal words could have a similar meaning. Things like moot and mute, for example, or illicit and elicit. Mixing up words like this happens all the time.
Two phrases we often see get confused are bodily injury and personal injury. After all, bodily seems really personal. So, what’s the difference? Or, are they really the same? When are they used? And what do they cover?
Let’s talk about it.
The Biggest Difference
Before we get too deep on the subject, we should point out the obvious difference – where you will hear the terms. Sure, you will hear them both used within the legal field, but you won’t necessarily hear them in the same court.
Both are used in the world of car insurance, but when it comes to legal battles and court cases, bodily injury claims are often tied to criminal cases and personal injury claims are more often found in civil cases.
Bodily Injury
Bodily injury refers to the physical and specific injury of one person that was caused by another person. Bodily injury can be minor or extreme — such as bruising or broken bones. And, as stated above, these claims will usually find their way into criminal court.
Bodily injury can result from cases such as simple assault or aggravated assault. The injured party could be entitled to compensation for his/her injuries.
You also hear this come up a lot with car insurance coverage as it is either an option or a requirement based on your state. Currently, in California, the minimum coverage of bodily injury liability you must have included in your auto insurance is $15,000/$30,000.
In terms of bodily injury insurance (often part of car insurance), the insurance will cover the costs that come with someone who is injured in an accident. Let’s say you get into a motor vehicle accident that is determined to be your fault. If the party in the other car is injured as a result of the accident, your insurance policy that contains bodily injury protection will cover at least some of the damage or loss.
Compensation for bodily injury cases can many times go through the car insurance company. However, if the person at fault doesn’t have insurance coverage or the damages are far greater than the policy, then it may very well end up in the court system.
Filing a lawsuit allows the attorney to prove that compensation is needed. This compensation is typically for physical injuries only, meaning the attorney will likely focus on economic damages only, such as lost wages, medical bills (past, current, and future), out-of-pocket expenses, treatment and therapy costs, and so on. Compensation for future expenses can also be sought, such as reduced earning capacity (due to injury/unable to work as many hours or do the same job), disfigurement, disability and impairment, etc.
In the State of California, you have two years from the date of injury to file a claim of bodily injury with the court, according to the statute of limitations.
Personal Injury
As we have discussed, personal injury is different from bodily injury. This civil claim is all about gaining compensation for injuries or losses and such that result from another person’s negligence or recklessness. These claims usually stem from things like premises liability, car accidents, medical malpractice, defective products, nursing home abuse, etc.
There are certain elements of a personal injury case that make it so. These are:
- The negligent party had a responsibility or duty of care to the injured party.
- The negligent party failed to maintain this responsibility.
- The injury resulted due to this failure of the negligent party, whether directly or indirectly.
- Damages result because of the failed duty of care.
It is very important to note that personal injury is not the result of intentional behavior. But your attorney will need to prove that the negligence existed. Though the burden of proof is not as heavy as it is for bodily injury since it is a civil case.
Those involved in personal injury claims seek both economic and non-economic claims. They can file a lawsuit in an attempt to get compensated for such things as:
- Medical bills (past, present and future)
- Lost wages
- Reduced earning capacity
- Rehabilitation costs
- Emotional trauma
- Pain and suffering
- Loss of consortium
- Wrongful death
And more.
It is up to your attorney to prove your case and help show the non-economic damage that has been done — and its impacts on your future.
In the State of California, you have two years from the date of injury to file a personal injury claim with the court, according to the statute of limitations.
Speak to an Attorney
If you have been injured in a car accident or due to another’s negligence, you could have a bodily injury or personal injury claim. Knowing how to proceed with the court system and getting the compensation you deserve can be tough – without the help of an experienced attorney.
Find a lawyer that handles these types of cases. He or she will be able to review the circumstances around your claim, including any police reports, witness testimony, medical record, etc., and help assess the value of the damages.
Using professional and expert negotiation skills, your attorney will be able to work with the insurance company to negotiate the appropriate settlement or, if necessary, file a lawsuit with the appropriate court.
Conclusion
Getting injured in one way or another can greatly impact your life. Not only can it lead to extensive medical bills and lost wages, but it can also take a toll on your emotional wellbeing, too.
Don’t try to handle getting settlements on your own. After all, insurance companies are in the business of protecting their own assets, not yours. With the right legal team by your side, you will be able to get the full compensation you deserve from bodily injury and personal injury.
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