Bodily Injury Versus Personal Injury
When pursuing a case after an accident, it is essential to identify the type of damages you have sustained due to your injuries. This difference can change your course of action and your legal options.
Keep reading to learn about bodily injury versus personal injury and how our diligent team could help with your case.
What is Personal Injury?
Personal injury claims include three areas: bodily injury, pain and suffering, and emotional distress. While bodily injuries are a part of personal injury claims, they are not limited to those damages only. Compensation for these types of cases could also include the following:
- Medical expenses
- Lost wages
- Property damage
- Loss of quality of life
This list is not cumulative, as there is the potential to receive additional damages. A seasoned legal professional could help their client determine the exact forms of compensation they are entitled to.
The Differences Between Bodily Injury and Personal Injury
Bodily injury is included in personal injury but only involves physical damages, such as:
- Broken bones
- Bruising
- Neurological damages
- Spinal injuries
- Disfigurement
This list extends to any other form of physical injury that can be proven.
What is The Burden of Proof?
In any personal injury case, the plaintiff must prove four elements to receive compensation:
- The at-fault party owed the plaintiff a duty of care
- The at-fault party breached this duty of care
- The breach led to an incident that caused the plaintiff injuries
- The plaintiff sustained monetarily quantifiable damages
As an attorney could further explain, a key component of bodily damages in a personal injury case is the burden of proving negligence to receive compensation.
Insurance and The Role of Documentation
Before your personal injury case goes to court, the insurance company will likely offer a settlement. It is wise to have a well-versed lawyer handle this settlement as there can be negotiations about how much compensation they will grant you before any court case.
Legal counsel could also utilize documentation to your advantage. For instance, they may document the settlement with the insurance company; that way, a strong lawsuit can be filed if they do not take the claim seriously.
Talk to a Dedicated Attorney About Bodily Injury and Personal Injury Cases
It is difficult to determine if your injury is solely bodily or encompasses all the elements of personal injury. Thankfully, our hardworking personal injury attorneys could help you differentiate between the two. Call today to schedule a consultation and find out what your options are.
