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What's the difference between personal injury and bodily injury?
In the insurance claim context bodily injury is a form of policy coverage that provides compensation for accident victims from the at-fault party's policy.
Additionally, bodily injury is a term used broadly to refer to the specific physical injuries a person has suffered, excluding pain and suffering and emotional distress.
Bodily injury is also used in the legal context to reference the physical harm suffered by a crime victim in a criminal case.
Personal injury on the other hand, is used in civil court claims to refer to all accident-related damages the victim sustained including the impact of pain, suffering, and potential emotional harm.
Personal injury claim can include non-economic losses that bodily injury claims do not.
Each has different legal implications and can impact the standards of liability and proof required.
Typically, bodily injury liability insurance provides coverage for the damages of the other party if you were at fault for the accident.
Most states require every driver to have auto liability insurance that covers non-liable victims for damages caused by a reckless or negligent motorist.
Your state's laws and the insurance coverage held by drivers will factor into how you will file for damages after an motor vehicle accident.
If you have been injured in an accident, speak with the top-rated car accident attorneys at Lawsuit Legal for a free consultation to review your legal claim options today.
Whether you were hurt in a car accident, truck accident, motorcycle accident, slip and fall, or any other type of personal injury or premises liability claim, the lawyers at Lawsuit Legal are here to help you figure out your next steps.
What Is Considered Bodily Injury?
Bodily injury is referenced in motor vehicle accident insurance claims and focuses any physical injuries that result in the need for medical treatment, loss of wages, and pain and suffering.
Generally, an insurance policy containing bodily injury coverage provides compensation for the other party from the insurer's coverage when they are at fault.
A drivers personal injury protection (PIP), on the other hand, is used to cover your costs and losses for the injuries you suffered after an accident. Your bodily injury insurance benefits may cover your own injuries or those of othe parties involved in the accident depending on the circumstances.
Bodily injury focuses on specific physical harm and can include the following examples:
- Lacerations, Bruises, Scrapes
- Broken Bones, Fractures, and Crush Injuries
- Damage to Internal Organs or Internal Bleeding
- Soft Tissue Injuries to Muscles and Ligaments
- Whiplash, Neck Pain, and Stiffness
- Back Pain, Herniated Discs, Sciatica
- Spinal Cord Injuries
- Brain Injury
- Death
Bodily injury liability coverage required by law in most states so it there is a good chance that a driver will have BI coverage unless they are uninsured or underinsured.
Depending on the circumstances of the crash and the policy, a bodily injury claim can pay for the other party's medical expenses incurred due to someone elses negigence or intentional actions. Your state's negligence laws may provide for coverage for your own injuries or the other party's.
It's important to remember, bodily injury does not cover property damage, the benefits provide only physical injuries to drivers, passengers, and pedestrians involved in a traffic accident, and typically only applies if the insured is partly to blame.
Most states require every driver to have auto liability insurance that covers non-liable victims for damages caused by a reckless or negligent motorist.
Additionally, a bodily injury settlement generally excludes non-economic damages such as pain and suffering and emotional distress that could potentially be included in a personal injury case.
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The Claims Process: Step-by-Step Guide to Filing a Bodily Injury Claim
It's strongly recommended to hire an experienced car accident attorney after a crash involving injury who can support you throughout the process. Consider the following steps to take to protect your right to compensation after a collision.
Immediate Actions Post-Accident:
After an incident, immediately prioritize safety and medical attention, then report the accident to the police. Gather evidence at the scene, such as photographs and witness information if you are able. Get a copy of the accident report from the police as the assessment of fault may help prove negligence on behalf of the other driver by your attorneys.
Document Everything:
Document every aspect of your experience. Take photos of the crash scene, collect medical records, expenses. Medical records can be used as proof by your attorney when seeking compensation in the days and weeks to come.
Notify the Insurance Company:
Notify both your insurance company and the at-fault party’s insurer without admitting fault or making any statements. If you have already retained legal representation, let them handle all communications with the insurers.
Filing the Claim:
Your lawyers will assess the physical evidence and your medical assessment after treatment to prepare and file an insurance claim seeking recovery for the accident-related losses. A detailed claim, encompasses the incident, injuries, and financial impacts to the claimant. This can include past, present, and future damages sustained as a result of what happened.
Insurance Negotiations:
Your legal team will handle communications with the insurer and work to negotiate a fair settlement. Documented evidence will be used to substantiate claims of liability the extent of your injuries and financial impact to the victim. Negotiations aim to secure a fast and fair settlement to recoup the expenses and financial impact suffered as a result of the other drivers negligence.
Settle or Litigate
The majority of injury claims settle out of court. However, if the negotiation process does obtain a fair offer to compensate the claimant, it may require litigating in court to force the insurers to pay what you may be entitled. In consultation with your attorney you can file a personal injury lawsuit to take your case to the courtroom to seek financial recovery from a judge or jury's verdict.
Your personal injury attorney will be help develop a winning legal strategy in an effort to obtain a fair financial recovery on your behalf. Call the car crash attorneys at Lawsuit Legal if you have a a bodily injury or personal injury case to get the help you after an accident.
When Is Someone Else Responsible for My Injuries?
With accident injury claims in no-fault states, if the expenses incurred resulting from the scope of your injuries exceeds the coverage of your personal injury protection you may hold the other driver accountable. In a fault state, however, you may file a personal injury claim against the at-fault driver. There are several factors that can impact how your compensation claim is handled, review your injury case with a knowledgable lawyer who can help you determine the next steps to recover what you are owed.
When Is Someone Else Responsible for My Injuries?
If you've been hurt as a result of the reckless or negligent actions of another driver you do deserve to get paid, not pay-out-of-pocket. The car accident lawyers at Lawsuit Legal understand the traffic laws and have a proven track record helping accident victims obtain big settlements in complex cases. We know the tricks insurance companies use to try and undermine your case for compensation. if you have a bodily injury claim or a personal injury claim, let us help you obtain the best possible outcome.
Share what happened to review your legal options with a member of our legal team and learn your legal options.
If we take your case, you can leave the heavy lifting of your claim to us so you can focus on putting your life back on track.
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External Resources
Lawsuit Information
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$8.8 Million TBI Case Settlement
- Chicago, IL (GWC - 09) -
$12.26 Million Awarded Slip & Fall Mild Brain Injury
- Hampton, VA (BrainInjuryLawCenter) -
$4.3 Million Awarded In Brain Damage Stroke Case
- Broward County, FL (CACE96004960)