Injury and Personal Injury
Halt | November 17, 2020 | 0 Comments

What Is the Difference Between Bodily Injury and Personal Injury?

A personal injury can be filed in civil court claims, while a bodily injury refers to the physical damage suffered by an individual and can be used in criminal court cases. However, in the insurance industry, these terms are used interchangeably.

A personal injury lawyer by your side can clear up the nuances between these phrases and help you receive fair compensation for your suffering. They will prepare all the documents for your claim, represent you in court if need be, and protect your best interest at all times.

The Comparison is Discussed Below

What is Personal Injury?

You’ve suffered an injury from an accident caused by a wrongful act from someone. The medical bills are mounting, missed salary and your life has changed for the worst.

Are you entitled to a personal injury claim?

When a person sustains bodily or emotional harm caused by another party’s recklessness, negligence, or malicious intent the sufferer has the right to a personal injury claim.

In case the claim goes to court, the injured person is the plaintiff and the defendant is the person who caused the injury. The burden of proof is in the hands of the plaintiff, there should be evidence to prove that the defendant was negligent to receive compensation.

There is a prescription period to file a personal injury claim that varies from state-to-state. In Nevada, it should be within two years, otherwise, you lose the right to file a claim.

Compensation in Personal Injury Cases

If you are going to pursue your personal injury claim in court, you must prove that you have acquired spending from this avoidable incident. To do that, you must have evidence to support your allegation, you must keep the following:

  • Photos or any recordings of the mishap.
  • The police report.
  • Clinical documents from injury.
  • Certification of lost wages from the employer after the mishap.
  • The account of conversations with insurance providers.
  • Receipts pertinent to property damage.

To recoup expenses, you must include the following in your claim.

  • Past, present, and future medical bills.
  • Deprivation of a healthy family relationship.
  • Lost income.
  • Pain and suffering.
  • Emotional distress.

Don’t give in to the first offer from insurance adjusters this does not entirely cover your losses. Most people hire legal help before accepting any settlement.

The majority of injury claims are amicably settled without going to court.

What is Bodily Injury?

Bodily injury is different from personal injury it concerns specific injuries sustained by the body of a person caused by someone else. It can be used in criminal cases or insurance claims.

A bodily injury claim normally happens in an insurance setting regarding motor vehicle insurance.

For instance, an injured person can claim medical care services from a liable driver after a vehicular mishap. Other injured persons can also file for an insurance claim if the insured is to blame for their bodily injury.

A claimant must do the following in filing a bodily injury claim.

  • Gather your wits – Assess the situation, check if there were people harmed and attempt to move them from peril, if possible.
  • Call the cops –  The police will mediate between the involved parties, route traffic, and determine the cause of the accident.
  • Documentation – Take photos of your and other parties’ injuries, the damage to the vehicles, and the entire scene.
  • Talk to the involved parties and witnesses – Gather information from motorists involved in the accident and as many witnesses as possible. Jot down their names, addresses, and phone numbers.

Compensation for Bodily Injury Cases

If you suffered bodily injury from a car accident the accountable person must shoulder the medical costs. This includes the expenses after the accident, during recuperation, and future treatments for a full recovery. Follow-up calls to physicians, treatments, ambulance service, lab tests are all qualified.

Many victims are on leave during recovery, others are unable to get back to work because of the severity of bodily injury. These result in lost and reduced income which can be recovered thru an amicable settlement, if the liable person is insured, or through court proceedings.

You’ll need a lawyer to receive just compensation for your injury which is covered by a bodily injury liability.

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