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Bodily injuries and personal injuries seem similar, but they represent different types of harm. Both can affect the life of the victim for a short period or leave permanent effects. However, there are specifics that distinguish bodily injuries from personal injuries.
Whether you have suffered from a bodily injury or a personal injury, an injury attorney can help you understand your legal options. Our attorneys have decades of experience helping our clients seek accountability from negligent parties. Call us at (888) 488-1391 to schedule a free initial consultation.
To learn more about the differences between bodily injury and personal injury, continue reading.
What Is A Personal Injury?
Personal injury claims in civil cases can result from negligence, such as motor vehicle accidents, defamation, or other harmful incidents. Personal injury may involve physical injuries, but can also include harm to a person’s mind, emotions, reputation, or business opportunities. In a personal injury lawsuit, the parties are the plaintiff (the person suffering the harm) and the defendant (the person or entity that caused the harm).
Types Of Personal Injury Lawsuits
There are many types of personal injury lawsuits that address different kinds of harm caused by a defendant’s negligence. Examples of personal injury lawsuits include:
- Wrongful Death
- Professional Malpractice
- Products Liability
- Premises Liability
- Slip, Trip, And Fall Accidents
- Dog Bites
- Workplace Accidents
- Motor Vehicle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slander
- Libel
What Are The Elements Of A Personal Injury Claim?
Personal injury lawsuits may involve physical, emotional, or reputational harm, and many are based on negligence claims. The elements of negligence are:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Each of the above elements must be proven by a plaintiff in most personal injury claims. If even one of the above elements is not proven, then the personal injury case may be dismissed. An attorney can assist in addressing the necessary aspects of your claim.
We have decades of experience helping those who have suffered personal injuries pursue a legal claim. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation.
What Is The Burden Of Proof In A Personal Injury Case?
There is a burden of proof that must be met before liability is assigned to a defendant or damages may be recovered. Personal injury lawsuits are civil actions. In a civil case, and therefore any personal injury case, it is the preponderance of the evidence.
The preponderance of the evidence standard means that the plaintiff, or defendant in a counterclaim, must prove it is more likely than not that the other party’s negligence caused the damages suffered by the plaintiff. The preponderance of the evidence standard is much lower than the criminal burden of proof that requires that the facts of the case be proven beyond a reasonable doubt. Our experienced personal injury attorneys conduct a thorough investigation and gather evidence to support your claim.
Our team has decades of experience helping our clients seek compensation after suffering from a personal injury. Call us at (888) 488-1391 to schedule a free case review.
How Is Liability Determined In A Personal Injury Case?
Liability refers to the legal responsibility for a personal injury claim. It is determined by an insurance company, a judge, or a jury. Liability is a crucial legal concept that determines who is responsible in personal injury cases.
A personal injury attorney works to find potentially liable parties. When both parties are partially at fault, the principles of comparative negligence apply. Under California’s pure comparative negligence law, a plaintiff’s damages are reduced by their percentage of fault, and they may still seek damages even if they are more at fault than the other party. For example, a plaintiff who is 70% at fault may still be able to pursue 30% of their damages from the other party.
Our lawyers are committed to advocating for your rights through negotiation and litigation. Call our attorneys at (888) 488-1391 to schedule a free initial consultation if you have been involved in a personal injury accident.
What Damages Are Available In A Personal Injury Case?
There are various types of damages available in a personal injury lawsuit, which are determined by the specific facts of the case. The two major categories of damages in a personal injury lawsuit are economic damages and non-economic damages.
Economic Damages
Economic damages are a type of compensatory damages that aim to help cover the plaintiff’s actual financial losses resulting from an accident and personal injury. Examples of economic damages may include:
- Rehabilitation costs, such as physical therapy.
- Out-of-pocket expenses, like prescription costs.
- Lost wages and lost earning capacity.
- Medical bills and the cost of future medical care.
Non-Economic Damages
Non-economic damages are generally harder to prove than economic damages. They refer to intangible losses, such as pain and suffering or emotional distress. The availability of non-economic damages depends on state law and the type of personal injury case.
Non-economic damage is generally uncapped in most personal injury cases, except for certain exceptions. Examples of non-economic damages include:
- Pain and suffering.
- Loss of enjoyment of life.
- Mental anguish
- Emotional distress
Average Payout For Personal Injury Cases
Each personal injury case is unique, and the outcome depends on the specific facts and evidence presented. Plaintiffs must prove their damages, which can include medical bills, lost income, loss of earning capacity, and non-economic damages. Settlements vary widely based on the circumstances of each case. For more information, you can contact us at (888) 488-1391 to schedule a free case review.
What Is Bodily Injury?
A bodily injury refers to certain types of physical harm that a person suffers after an accident or incident. Examples of bodily injuries include cuts, broken or fractured bones, nerve damage, bruises, and other injuries to the person.
Bodily injury insurance coverage in personal injury lawsuits is what pays for the accident victim’s medical treatment associated with the accident or incident. If you are the victim of a personal injury and you require medical care, you may be able to file a claim with the at-fault driver’s insurance company, depending on the circumstances. The at-fault driver’s bodily injury liability insurance coverage may provide compensation for injuries sustained in the accident, subject to the claims process and policy limits. Bodily injury coverage is separate from property damage coverage, which covers the repair or replacement of damaged property.
How Do I File A Claim For Bodily Injury Damages?
Our personal injury attorneys can help you through the process of filing an accident claim for bodily injury.
To file a claim with an at-fault driver’s insurance company for bodily injury, consider following these steps:
- Remain Calm and Assess the Situation — Keep a level head. It is important to get the medical care that you need and call the police. They will speak with you and the other driver, gathering each side of the story. The officer will compile their notes and create a report. The report will be used by the insurance company to determine liability.
- Take Pictures of Your Injuries — Take pictures of your injuries as they progress. Keep notes about how you feel as you are healing. Keep all medical records and bills. Having pictures of your injuries and damage helps give the fact finder a visual representation of what you have been through because of the accident.
- Get the Other Driver’s Insurance Information — Get their name, insurance information, the make and model of the vehicle, and their phone number or email address so that you can remain in contact as the insurance claim process continues.
- Try to Talk to Witnesses at the Scene — Write down their names and contact details. These witness statements may help support your case in the future.
How Can I Pursue Compensation For My Bodily Injury Claim?
After filing a bodily injury claim with the at-fault driver’s insurance company, you may be able to seek compensation for economic damages. Economic damages are compensatory and intended to address financial losses resulting from the accident.
Examples of losses covered by bodily injury insurance include:
- Ambulance ride or transport to the hospital.
- Physical therapy and other rehabilitation costs.
- Medical expenses
- Treatment procedures, including X-rays, CT scans, and blood draws.
- Lost wages
- Lost earning capacity.
- Out-of-pocket expenses, like the cost of prescriptions.
Typically, in personal injury lawsuits, the plaintiff may be eligible to pursue non-economic damages like pain and suffering. However, non-economic damages are not covered by bodily injury insurance. Bodily insurance coverage is reserved only for physical injuries caused by an accident.
Bodily injury coverage may help address long-term damages. In some cases, injuries are severe and may persist for an extended period or be permanent. Examples of long-term injuries from an accident include:
- Amputation
- Paralysis
- Disfigurement
- Permanent Disability
- Future Therapy
- Future Lost Income
The outcome of a case is generally determined by several factors, such as the severity of the injuries. The car accident lawyers at Arash Law can investigate your case and explore potential avenues for compensation.
Personal Injury VS Bodily Injury
Overall, the main difference between personal injury and bodily injury lies in the type of harm involved. Personal injury is a broad legal term covering physical, emotional, and sometimes reputational harm, and may include both economic and non-economic damages. Bodily injury usually refers specifically to physical harm and is a type of insurance coverage that generally compensates for monetary losses, but not for non-economic or intangible damages.
Reach Out To Our Personal Injury Attorneys In Arash Law
If you have been in an accident, Arash Law is ready to assist you. We have years of experience helping our clients seek accountability from those responsible for their injuries and losses after an accident. We have handled a wide range of personal injury cases, including those involving trucks, Uber or Lyft, motorcycles, cars, and more. Contact us at (888) 488-1391 or complete our “Do I Have A Case?” form here.
