Both bodily injuries and personal injuries seem similar, but they represent different types of harm. Both bodily injuries and personal injuries can alter 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, a reliable attorney will ensure that you receive the justice that you deserve. Our attorneys have decades of experience helping our clients recover more than $400 million in compensation to which they are entitled. We want to help you, too. Call us today at (888) 488-1391 to schedule a free consultation.
To learn more about the differences between bodily injury and personal injury, continue reading.
What Is a Personal Injury?
Personal injuries arise in civil cases and include claims of negligence from motor vehicle accidents, defamation, and other incidences of civil harm. Personal injuries may include physical harm, but they are not limited to physical harm. Personal injuries also include injury to the victim’s mind, emotions, personal 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
What Are the Elements of a Personal Injury Claim?
Despite the injury sustained in a personal injury lawsuit, whether it is physical, emotional, or to the plaintiff’s reputation, every personal injury case is a negligence claim. The elements of negligence are:
Each of the above elements must be proven by a plaintiff before they are awarded damages. If even one of the above elements is not proven, then the personal injury case will be dismissed. You need an attorney to help you get the relief that you need. A trusted attorney have the knowledge, skill, and experience to help you get the compensation that you need.
We have had success in all the above-listed areas of personal injury law. We have decades of experience helping those who have suffered personal injuries get their lives back. Call us at (888) 448-1391 to schedule a free 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. The burden of proof in a civil case, and therefore any personal injury case, is a preponderance of the evidence.
The preponderance of the evidence standard means that the plaintiff, or defendant in a counterclaim, must prove that the negligence of the other party is more likely than not the cause of the damages that the plaintiff suffered. 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. Having an experienced personal injury attorney on your side is an invaluable resource.
Help protect your legal rights after an accident by contacting a trusted injury attorney. Our reliable firm has decades of experience helping our clients receive over $400 million in compensation after suffering from a personal injury. We want to help you, too. Call us today at (888) 488-1391 to schedule a free consultation.
How Is Liability Determined in a Personal Injury Case?
Liability refers to who is responsible for a personal injury claim. Liability is determined by an insurance company, a judge, or a jury. Liability is the most important legal issue in any personal injury case.
The fact-finder can find one party wholly at fault for the harm or find each party partially at fault for the accident. When the fact finder determines that both parties are partially at fault, the principles of modified comparative negligence apply. Modified comparative negligence is a legal principle that allows the fact finder to determine that the plaintiff is partially at fault for an accident, but they are still entitled to recover damages.
In Nevada, where the principle of modified comparative negligence applies, a plaintiff receives a reduced judgment amount if it is found that they were also at fault for the injury in proportion to the percentage of fault the plaintiff carries. If the plaintiff is found to be 50 percent or higher at fault for the injuries sustained, the law prohibits recovery for their injuries. Our trusted injury law firm at Arash Law led by Arash Khorsandi, Esq. would have the experience you need to ensure that you receive the compensation you need to recover fully. Call our attorneys at (888) 488-1391 to schedule a free 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 that are available in a personal injury lawsuit. The damages that you are entitled to as a personal injury plaintiff are determined by the facts of the case. The two major categories of damages in a personal injury lawsuit are economic damages and non-economic damages.
Economic damages are compensatory. Compensatory damages are awarded to restore the plaintiff’s losses that they sustained after being involved in an accident and suffering a personal injury. These restorative damages are based on the plaintiff’s actual losses. Examples of economic damages 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 are harder to prove than economic damages. Non-economic damages include the intangible losses that a plaintiff suffered after suffering personal injury. The availability of non-economic damages depends on state law and the type of personal injury case.
For example, in Nevada, the maximum amount of money that a plaintiff may receive for non-economic damages in a medical malpractice case is $350,000. Non-economic damage amounts are not capped in other types of personal injury cases in Nevada. Examples of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Emotional distress
Average Payout for Personal Injury Cases
Every personal injury case is unique, and the facts of the case determine the amount of money that the plaintiff will receive in a settlement or judgment. To receive a money judgment, the plaintiff must prove their damages. Proving damages looks like proving medical bills, lost income, the loss of the ability to earn an income, and other damages, including non-economic damages, that a plaintiff suffers. Most personal injuries settle for around $3,000 to $75,000.
Our personal injury attorneys have a record of successfully helping our clients receive the money that they deserve to recover in peace. We want to help you, too. Call us at (888) 488-1391 to schedule a free consultation.
What Is Bodily Injury?
In the insurance world, 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 that is associated with the accident or incident. If you are the victim of a personal injury and you require medical care, you will file a claim with the at-fault driver’s insurance company. The at-fault driver’s bodily insurance liability insurance coverage compensates for the injury sustained in the accident. Bodily injury coverage is separate from property damage coverage, which is used to restore the victim for the property damage they sustained.
How Do I File a Claim for Bodily Injury Damages?
After a car accident, you want to get back to your normal life. To get back to normal, you need the financial support to take care of your injuries, but how do I get the money I need to recover? To get the money that you need, you must file an insurance claim for bodily injury.
Our personal injury attorneys can help you through the process of filing an accident claim for bodily injury. Do not let big insurance companies intimidate you from pursuing the money that you deserve after an accident. Call our trusted legal team to schedule a free consultation today at (888) 488-1391.
To file a claim with an at-fault driver’s insurance company for bodily injury, follow these steps:
Remain calm and assess the situation. – You will need to keep a level head after getting into a car accident. It is important to get the medical care that you need and call the police. The police officer’s job is to draft a narrative about what happened in the case. They will speak to you and speak to the other driver and get 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. – Make sure that you 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. – Make sure that you 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 if there are witnesses at the scene. – Get their names and contact details. These witnesses may help make your case in the future.
How Do I Get Compensated for My Bodily Injury Claim?
There are different types of compensation that you may receive after filing a bodily injury claim with the at-fault driver’s insurance company. The compensation you will receive is for economic damages. Economic damages are compensatory damages that the accident victim is owed because of the losses they incurred after an accident. Compensatory damages are restorative damages.
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 can 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.
An accident victim may use bodily injury coverage to pay for their long-term damages. In some accidents, the plaintiff suffers such severe injuries that they will not be resolved for a long time or may even be permanent. Examples of long-term injuries from an accident include:
- Permanent disability
- Future therapy
- Future lost income
The amount of money an accident victim recovers is determined by the severity of the injuries. An accident attorney can help you ensure that you recover the maximum amount of money available. The attorneys at Arash Law headed by Arash Khorsandi, Esq. have decades of experience getting our clients the compensation that they deserve. If you have been hurt in a traffic accident, call the car accident lawyers California relies on at (888) 488-1391.
Personal Injury vs. Bodily Injury
Overall, the major difference between a personal injury and bodily injury is what kind of harm the victim has suffered. A personal injury covers most accidents. Personal injury law restores accident victims to the place that they were in before the accident happened. Bodily injury is a type of insurance that compensates a person for their economic injuries after an accident. Bodily injury does not typically compensate for a person’s non-economic or intangible damages.
Contact Us Today
If you have been in an accident, contact our attorneys today. Arash Khorsandi and his reliable legal team at Arash Law have decades of experience helping our clients get the best results available to them after an accident. We have recovered over $400 million in compensation for our clients. We want to help you, too. Give us a call today at (888) 488-1391.