Personal Injury vs. Bodily Injury: Major Differences Explained

Did you know that almost 5.5 million car accidents happen annually within the US? Unfortunately, these accidents result in roughly 3 million injuries and 40,000 fatalities. Therefore, if you or your loved one gets hurt in an accident, you must know what to do next. The immediate medical help and hiring a personal injury lawyer for constructing the case are important after such accidents to secure the compensation you are entitled to.

Often people conduct a Google search after an accident to ask questions like 'when to file a personal injury suit,' 'where to find the right attorney, and what is a personal injury & bodily injury. Legal terms and processes are often complicated and confusing. As a result, personal injury and bodily injury may sound synonymous, and sometimes, people use these terms interchangeably. But, both these terms are not the same. You must read this post to understand the key difference between personal injury & bodily injury and know how an attorney can help you.

Understanding Personal Injury Cases

Personal injury includes physical, mental injury, and property damage caused by intentional, negligent, or reckless behavior or action of a person or entity to the other party. In such cases, an individual can file a personal injury lawsuit against the at-fault party to recover the compensation for the damages. If you prove that the at-fault party's negligence caused injuries, they may owe you compensation for the damages. So, consider taking the help of a personal injury attorney in Visalia right after an accident. However, the compensation also depends on the nature of the injuries and their impact on your life. Compensation can help recover the following damages –

• Economical – Current and future medical expenses, income loss, and property damage.

• Non-economical – Compensation for disability, pain and suffering, physical disfigurement, mental anguish

• Punitive damage – It is awarded to the victim if the at-fault party's actions were intentional and reckless.

Common Types of Personal Injury Cases

Here's a list of a few accidents that fall under personal injury law.

• Auto accident – Careless drivers can cause severe accidents and put innocent victims in unnecessary hardship. It includes auto accidents, tractor-trailer accidents, motorcycle accidents, and more.

• Medical malpractice – It includes birth injuries, dental malpractice, surgical errors, misdiagnosis, and medication errors. People trust physicians, nurses, and other medical professionals for treatment and care. But their negligence can affect a person's life. Patients who have been injured by their doctors can take action against the medical professionals to recover compensation. According to the department of justice, the success rate for medical malpractice trials is around 19%.

• Slip and fall – The injuries caused by a slip and fall on any property can change a person's life. If a victim proves that the owner of the property was negligent, like no warning signs on wet floors and boxes scattered throughout hallways, you can seek the help of a personal injury lawyer to seek compensation. Usually, the store owners, theme park operators, people responsible for public locations, apartment owners, and other property owners are responsible for providing safe passage for customers or visitors.

• Wrongful death – The tragic loss of life because of the negligence of another party is painful. The wrongful death claim can help families left behind after losing a loved one to avoid financial hardships.

Understanding Bodily Injury Cases

Bodily injury is a liability insurance coverage that compensates the third party for damages when you are responsible for an accident. Bodily injury cases include physical injuries to the body like broken bones, cuts, bruises, burns, scarring, paralysis, or impairment of body function. It may be referenced in criminal court cases to injuries sustained by someone who is a victim of assault or another crime. So, personal injury is a type of claim that can be filed but bodily injury describes type of damages sustained by an individual. The expenses covered in bodily injury coverage include –

• Medical bill- It includes the cost related to the victim's hospitalization, follow-up, care, and other medical or health care costs.

• Lost wages – When an individual is seriously injured and cannot work, the bodily injury liability can make up their lost income.

• Funeral costs – If somebody dies in an accident, the coverage pay cost associated with burial and funeral.

• Legal fees and legal counsel – If the other party files a lawsuit against you, the coverage can help cover the cost of legal defense and associated court fees.

Types of Bodily Injuries

The term 'bodily injuries' is used in situations like –

• When a person suffers injuries received from a crime.

• Bodily injury liability insurance compensates someone when the insured caused accident in which others are hurt.

• When the other party goes beyond insurance and pursues a claim against an individual who caused harm.

Moreover, bodily injury is an insurance team and personal injury is legal and insurance term.

FAQs

How long do personal injury cases take to resolve?

It depends on the nature of the case because each case is different. Usually, it may take from six months to a few years.

Should I talk with an insurance company if it approaches me to settle the claim?

Insurance companies have their own best interest in mind, not yours. So, don't agree to or sign a settlement without the advice of an attorney or top experienced law firm.

What is mediation?

It is a settlement conference that is usually held before the trial. A mediator sits with both the parties and their lawyers to resolve the conflict.

What is negligence in personal injury cases?

Negligence is when a party fails to act responsibly in certain circumstances which cause injury to the other person.

Conclusion

We hope this post helped you understand how the bodily injury is different from personal injury. Personal injury includes mental and physical injury as a result of an auto accident, slip & fall, or dog bite. On the other hand, bodily injury is mostly about physical injury. No matter what, an accident is a scary and confusing situation. So, firstly make sure that everyone is safe. Check if someone needs medical attention, and once that's done, seek help from the best Visalia law firm to document the accident site.

Personal injury lawyers have the skills and experience to handle the battle with insurance companies. From negotiating with the insurance company to gathering the documents and finding witnesses, having a lawyer is beneficial in both personal injury can bodily injury cases. So, when looking for a personal injury lawyer in Visalia, CA, you can seek help from Nelson, Rozier, and Christenson for personalized legal representation.