Personal or Bodily Injury: Which is Which? – LIFESTYLE BY PS icon

Personal or Bodily Injury: Which is Which?

Individuals involved in an accident often have a personal injury case. However, they wonder where bodily injury claims come into the equation. Bodily injury claims differ from those involving a personal injury.

What do individuals need to know about their options when they file a claim related to an accident they were in? Should they file a bodily claim injury rather than a personal injury suit? Is doing so possible? Lalande Personal Injury Lawyers provides the following information to help accident victims in this situation.

Personal Injury

When one person inflicts harm on another as a result of their negligence, the person injured has the right to file a civil claim. This claim is used to help the victim recoup any money they were required to pay due to the incident. A personal injury claim is filed when another party fails to meet a standard of care or when their careless actions lead to an individual being injured. 

Numerous situations could lead to a personal injury claim. For instance, a person injured in a car accident involving an intoxicated individual would file a personal injury claim. When a person slips and falls in a business due to a wet floor that has not been addressed, they receive the right to file this type of claim. Nursing home abuse and neglect cases fall under this category, as do defective product lawsuits. However, many other incidents could result in a personal injury claim. 

Fatal car crashes often lead to family members filing a personal injury wrongful death claim. The same holds when a person falls victim to medical malpractice, as the victim is stating the medical professional failed to meet the standard of care. Whenever it is believed a person or entity breached their duty of care when led to injuries, a personal injury claim can be filed. However, the victim must show demonstrable damages before filing the claim. 

Bodily Injury

When a person speaks of bodily injury, they aren't referring to a legal claim. Bodily injury is the term used to describe the specific physical damages the victim sustained. These damages could be minor and come in the form of cuts and bruises. On the other hand, they could be severe, such as when the victim sustains a traumatic brain injury or permanent nerve damage. 

Men and women often hear the term bodily injury in criminal cases, such as when the legal team is describing the injuries of a victim of an aggravated assault. However, the term also appears in some insurance policies and claims. A policy may indicate when it covers bodily injury and when the injury is excluded. Furthermore, the policy could place a limit on the amount it will pay for this type of claim. 

Most business owners have bodily injury coverage as part of their insurance policy, as they need to be protected if a person is injured while on the premises of the business. Including this coverage in their policy reduces the risk of a lawsuit if a person is injured and chooses to pursue compensation. Nevertheless, this serves as only one example of a bodily injury claim. 

When a person sustains injuries in a car accident, the responsible party's insurer may cover their medical expenses. Furthermore, this coverage often pays out when the victim can't work as a result of the accident and may reimburse the victim for transportation costs to and from medical visits, physical therapy, and more. 

Although both terms are used when a person sustains injuries due to the actions of another party, only personal injury claims can be filed in a court of law. Bodily injury claims, in contrast, are used to detail the injuries of a person. Knowing the difference becomes of great importance when you seek compensation for injuries you have sustained, as you don't want your case to be dismissed as the wrong terminology was used.