Understanding the Difference Between Personal Injury & Bodily Injury

Understanding the Difference Between Personal Injury & Bodily Injury

June 1, 2021 Off By Glespynorson

Bodily injury is often a subject that is discussed in relation to criminal cases. Bodily injuries are those injuries that victims of assault and other crimes sustain. On the other hand, personal injuries are often discussed in relation to civil matters. Personal injury cases are handled in the civil court, where the injured party seeks to claim compensation for the losses incurred due to another party’s negligence.

The main difference between bodily injury and personal injury depends on the context in which it is being used. If you have been involved in an accident, it is best to contact Flagler Personal Injury Group about your auto accident case to discuss your injuries and options.

Bodily Injury Insurance Coverage

Bodily injury is generally referred to as harm that is done to the body after an incident. This type of harm or damage may be in the form of cuts, bruises, lacerations, burns, nerve damage, fractured bones, and more. If the party responsible for the accident carries bodily injury insurance, then the victim’s medical costs are covered under the insurance policy.

What Are The Legal Implications Of Bodily Injury Coverage?

States can either adopt an “at fault” or “no-fault” laws. The law in operation in the state where the accident occurred will determine the kind of insurance policy and the extent of the policy’s coverage. In Miami, Florida, private drivers are not mandated by the law to carry insurance coverage for bodily injury liability. However, operators of taxis are required to have bodily injury liability coverage. This is mainly because the state is a no-fault car insurance state that requires all drivers to have insurance policies with no less than $10,000 in PIP coverage.

For a state like Florida, a driver is expected to first file for damages through their insurance company irrespective of who is at fault. However, if the bodily injury damages incurred are far more than the driver’s PIP coverage, he or she may then request additional funding via the other driver’s insurance.

In essence, having bodily liability insurance coverage allows you to cover the damages suffered by the other party. On the other hand, PIP covers your injuries and losses after you have been involved in an accident.

Personal Injury Is A Civil Case

If you are a victim of an accident, or you have suffered injuries due to the negligence or nonchalance of another party, you are allowed to pursue compensation to cover the cost of your damages. However, before you can claim this compensation, you will be required to prove that the accident was the cause of the damages incurred. This means that for compensation to be awarded, the damages suffered must have been a direct result of the accident.

Gathering relevant evidence is recommended when pushing to recover compensation in a personal injury case. Some of the relevant evidence you will need include;

  • Pictures and videos from the accident scene. Be sure that these materials show the accident scene from all angles to clear doubts.
  • The police report obtained after the accident. You can also present any other law enforcement documents that detail the accident.
  • Medical records obtained after the accident. This medical record should state the injuries sustained as a result of the accident
  • Proof of lost wages for any work hours missed due to hospitalization or recovery from the accident injuries
  • Record of all communications with the insurance companies
  • Receipts that prove the cost incurred on property damage repairs.

Bodily Injury Claims

A bodily injury claim includes all of the damages suffered by the accident victim. The claim includes all of the expenses incurred and is submitted to the at fault party’s bodily injury insurance provider. Depending on whether you are in an at-fault or no-fault state, the expenses may include your expenses or the third party’s expenses.

How To Identify A Personal Injury Case

Identifying a personal injury case may be tricky. In general, if the actions of one person cause direct harm to another person, such a person is said to have committed a personal injury offense. Personal injury liability may also fall on companies, corporations, or groups. In some cases, more than one person may be named liable in a personal injury case, and this is based on their level of contribution to the accident. If you have been hurt due to the actions of another person, seeking a personal injury lawyer as fast as possible is one of the surest ways to confirm whether you have a successful personal injury case.

Statute Of Limitations After An Accident

Statute of limitations refers to the expiration date that the law has set on cases. For all cases, there is a prescribed timeframe within which the victim is required to take legal action. If the victim fails to take legal action until the allotted time is passed, he or she may have to forfeit the case.

For most personal injury cases, accident victims are allowed a period of four years to bring their case to court. The four-year period begins counting from the day of the accident. The statute of limitations varies from state to state. While Florida has set four years as the statute of limitations for most personal injury cases, victims are allowed only one year in Tennessee.

If the accident resulted in the victim’s death, the case becomes a wrongful death case with a two-year statute of limitation in Florida.

There are certain exceptions to the four-year statute of limitations. One of the most important exceptions is for injuries that manifested later after the accident. For such a case like this, the victim’s four years start counting from the day the injury was discovered.

Some Losses You Can Reclaim By Filing A Personal Injury Claim

If you have filed a personal injury claim, there is a chance that you may recover all or some of your losses. Some of the common losses that can be compensated for include;

  • Past, present, and future medical costs
  • Loss of earning capacity
  • Lost wages
  • Pain and suffering
  • Loss of consortium
  • Emotional trauma
  • Wrongful death

You need to work closely with a car accident attorney to position your case for the best chances of recovering damages.