What’s the Difference Between Personal Injury and Bodily Injury?
Many people are not familiar with the distinction between personal injury and bodily injury. Our personal injury lawyers assist clients in understanding the difference. Contact us today for a free consultation.
Personal and bodily injury are two important legal concepts everyone should know. But because they are often confused, many people do not understand their differences.
The personal injury attorneys at Rosenfeld Injury Lawyers can help you understand the difference between bodily injury and personal injury. Our lawyers have years of experience helping accident victims get the compensation they deserve. Call us immediately at (888) 424-5757 for a free case review.
What Is Personal Injury?
Personal injury is a legal term that refers to physical and emotional injuries resulting from someone else's negligence. The injury can happen anywhere, including at work, in a car accident, or even on someone's property.
Personal injuries are referenced in civil lawsuits, in which one party sues another for damages. The victim (or "plaintiff") in the personal injury lawsuit is seeking monetary compensation for their injuries from the negligent party (the "defendant’s negligence").
The defendant owed you or your loved one a duty of care. The defendant was negligent, either through their actions or by failing to act in a way that protected them from harm.
To file a personal injury claim, you must prove that the at-fault party was negligent and that their negligence caused your injuries.
Negligence is defined as a failure to exercise the appropriate level of care that a reasonably prudent person would have in a similar situation. Proving negligence by the injured party is vital in getting monetary value for a fair settlement from the other party’s insurance company.
What Is Bodily Injury?
Bodily injury refers to personal injury that refers specifically to physical injuries. It can encompass internal and external injuries, ranging from minor cuts and bruises to more severe injuries like broken bones and organ damage.
In most civil cases, bodily injury is caused by car accidents. For example, if you're in a car accident caused by the other driver's negligence, you could suffer minor cuts and bruises or be seriously injured, like if you broke your leg.
Bodily injury refers to physical injuries sustained by someone who has been the victim of someone else’s negligence, intention, or assault. Bodily injuries typically happen in:
- Vehicle accidents
- Slips and falls
- Medical malpractice
- Nursing home negligence
- Workplace accidents
- Defective drugs
A Closer Look at the Difference Between Bodily Injury and Personal Injury
The critical difference between bodily injury and personal injury:
- Personal injury refers to a broader term that includes physical and emotional injuries, property damage, birth defect, or other damages related to an accident or incident.
- Bodily injury refers specifically to physical injuries.
- A personal injury case is a civil lawsuit, whilebodily injury might be a part of the civil action.
You can file an injury claim even if you're not physically injured. But to file a bodily injury claim, you must have suffered physical injuries.
Civil Claim Damages Are Connected to Personal Injury
The main goal of filing a personal injury claim is to secure compensation for your suffered injuries.
This compensation, known as "damages," can help cover your:
- Medical expenses,
- Out of pocket expenses,
There are two types of damages you can seek in a personal injury claim:
Economic damages demand financial recovery that can be objectively calculated, like medical bills.
On the other hand, noneconomic damages are more subjective, like:
- Pain and suffering
- Emotional distress.
Most personal injury claims will seek both economic and non-economic damages. Typically, in workers’ compensation cases, typically, only economic compensation is available without filing a third-party claim.
Keep the following in mind as you prepare for your claim:
- The number of damages you receive will depend on your injuries sustained.
- You may be entitled to punitive damages and economic and non-economic damages. Punitive damages are designed to punish the negligent party for their actions and deter others from engaging in similar behavior.
- The statutes of limitations will vary by state, but you generally have two years from your accident to file a personal injury claim.
Personal Injury Protection PIP
Personal injury protection (PIP) is insurance coverage that can help pay for your medical expenses and lost wages after an accident, regardless of who was at fault.
PIP insurance coverage is required in some states, but not all. Even if PIP coverage is not required in your state, you may still be able to purchase it as part of your car insurance policy.
You can use PIP coverage to pay for various expenses, including:
- Medical bills
- Lost wages
- Funeral costs
- Childcare expenses
PIP coverage typically limits the maximum amount your insurer will payout. The limit will vary by state and insurance policies.
PIP coverage does not cover property damage. If you were to get into an accident and injure someone else's car, PIP would not cover the cost of repairs.
Medical malpractice comes under personal injury but is not considered a bodily injury.
Difference Between Bodily Injury Liability Coverage & PIP
PIP coverage and bodily injury liability (BIL) coverage are two different types of insurance. PIP covers your medical expenses and lost income, while bodily injury liability insurance covers the medical costs of others involved in the accident.
You may be wondering whether you should purchase PIP or bodily injury policy coverage.
The answer depends on a few factors, including:
- Laws in your state
- Types of accidents you're likely to be in
- Amount of coverage you need
BIL coverage is typically more expensive than PIP coverage. However, it's essential to have enough coverage if you cause an accident and someone else's medical treatment costs exceed your PIP limit.
Bodily injury liability insurance is required in some states, while personal injury protection is not. It's a good idea to speak with our personal injury law firm to see what type and amount of coverage are right for you.
How to Calculate Bodily and Personal Injuries in an Insurance Claim
In the aftermath of accidents, the next step is calculating the damages. This step is slightly more complicated when bodily and personal injuries are involved.
When calculating damages, the type of the accident is essential. Whether its a car accident, medical malpractice, or construction accident, there are different ways to calculate the damages.
Insurance companies will try to pin the blame on one party to reduce the amount they payout. Knowing who is at fault is essential when it comes time to calculate the damages.
The firstp step is to claim medical coverage. It includes:
- Ambulance costs
- Hospital stays
- Surgeries and rehabilitation
- Therapy and other treatments.
Rehabilitation costs, such as physical therapy, should also be included.
The next step is to calculate the lost wages. It includes the wages you've missed out on while you were unable to work. If you're unable to return to work, you may also be able to claim future lost income.
Other damages, such as pain and suffering, may also be included. These are more difficult to quantify, but our personal injury lawyer can help you determine a fair amount.
Getting bodily injury compensation can be a long and challenging process. But it's essential to seek compensation for your damages.
Submitting a Demand Letter
Once you've gathered all the necessary information, you'll need to submit a demand letter to the insurance company. This letter should outline all the damages you're claiming. The insurance company will then review the letter and offer you a settlement or reject your claim.
If they reject your claim, you may need to take them to court. It is when having an attorney can be invaluable. They can help you build a strong personal injury case and get the most money possible.
All this processing must involve our injury attorneys because the insurance companies will not just hand over a check unless they are offering the most minimal settlement resolution possible.
The injured person must undergo a personal injury claims process, which sometimes involves a personal injury lawsuit. Call today for a free consultation.
Statute of Limitations After an Accident
Statute of limitations is the deadline for filing a personal injury claim. This deadline is different for each state but is usually between two and six years.
It's essential to start the claims process as soon as possible to ensure that all necessary paperwork is started before the deadline expires. But In bodily injury claims, the clock usually starts ticking when the victim knows or reasonably should have known of the injury.
You may have more time to file a personal injury claim than a bodily injury claim. It's essential to speak with an attorney to precisely determine the statute of limitations in your state.
Our Lawyers Can Assist You in Understanding the Actions You Should Take
If someone you love has been injured or killed in an accident, our attorneys can help you understand your legal aspects. We realize that this is a difficult and overwhelming time for you. But we can help you recover compensation for your damages.
Following are the types of accidents we typically handle:
- Car Accidents
- Truck Crashes
- Motorcycle Accidents
- Bicycle Injuries
- Pedestrian Accidents
- Accidents Involving Drunk Drivers
- Construction Injuries
- Slip and Fall Accidents
- Wrongful Death Lawsuits
- Medical Malpractice Claims
If you don't see your type of accident listed, please call us. We may still be able to help.
There is a lot of information regarding bodily injury and personal injury. But our attorneys are here to help you every step of the way. We understand the complexities of these personal injury cases, and we can help you get the compensation you deserve.
The process of filing a personal injury claim can be long and complicated. But our attorneys can help you every step of the way. The attorney-client relationship is essential, and we take our responsibility to our clients seriously.
Your lawyer will take the time to understand your personal injury case and will build a strategy specifically tailored to you.
We will investigate what happened through:
- Details of the accident, including when and where it happened
- Contact information for any witnesses
- Documentation of your injuries, including medical care records
- Photos of your injuries, if possible
- Information about your lost income
- Information about any other damages you've suffered
- Your insurance claim information
- Other driver's insurance policy coverage
- Police report, if available
- Any other documentation you think may be helpful
Legal Advocates Who Can Ensure Full Compensation After a Bodily or Personal Injury
If you or a loved one has been injured in an accident, it is essential to speak with an attorney as soon as possible. Rosenfeld Injury Lawyers, LLC can help you file an injury or wrongful death claim and get the compensation you deserve.
We have over ten years of experience providing legal services to accident victims to get the money they need to rebuild their lives. The at-fault party is responsible for compensating you for your losses, and we can help make sure they do.
We understand that this is difficult for you, and we are here to help. Call us at (888) 424-5757 today for a free consultation.