14 Oct What’s the Difference Between Personal Injury and Bodily Injury?
Bodily Injury vs. Personal Injury
When it comes to legal cases involving injuries, you may be wondering if there’s a difference between bodily injury and personal injury. You hear these terms thrown about when someone gets hurt, but what do they mean? While some people may think these terms are interchangeable, they are not. They have entirely different meanings.
Are there significant differences based on legal context? The lawyers at Truskett Law are here to help you understand the differences between bodily injury and personal injury.
So, what’s the difference between personal injury and bodily injury? Bodily injury refers to injuries sustained by someone who’s a victim of assault or another crime. This type of injury is common in criminal court cases. Personal injury refers to injuries sustained as a result of an accident. This type of injury is common in civil court claims. The main difference between the two is where a victim may encounter each one in a legal context.
Each case may present different liability standards and proof. Keep reading to learn more about the differences between these two types of cases.
What is Bodily Injury?
This type of injury refers to a specific injury sustained. This term is more commonly applies to criminal cases. However, it is also sometimes applies when it comes to insurance.
It’s one of the ways insurance companies measure risk. Bodily Injury lawsuits are much like personal injury cases in that they need to show negligence, but there is a difference between the two.
What is Personal Injury?
When an individual sustains injuries due to someone else’s carelessness or neglect, he or she may file a personal injury claim and sue for damages. These types of claims often involve tricky legal proceedings and require expert witnesses and evidence.
Damages could include compensation for medical bills, pain and suffering, lost wages, disability, etc. Personal injury can also refer to a mental or emotional injury as well as physical. There are many nuances involved with these types of claims that should be left up to professionals such as Truskett Law Attorneys.
Personal injury cases take place in civil court. When someone files a personal injury claim, they pursue the appropriate compensation for a victim’s losses.
How Do I Know if My Claim Involves Bodily Injury or Personal Injury?
It all depends on the nature of your claim. Bodily injury is more common in criminal cases. Because of this, an individual usually files a personal injury claim in civil court. There are times when criminal and civil cases merge. If that happens, you may end up with two separate proceedings for one incident.
What About Insurance Claims?
The last thing someone needs following an accident is another complicated legal proceeding. However, it’s important to note that insurance can play a factor in cases involving bodily injury or personal injury.
Someone’s insurance company will typically handle their claim through the victim’s policy coverage. When this happens, the victim doesn’t have to worry about dealing with federal laws or regulations until they file their own lawsuit.
How is Medical Malpractice Different?
Medical malpractice claims involve a different set of laws and regulations. These types of cases may be handled in civil court, but the nature of medical malpractice claims typically involves negligence claims.
And these claims require specific evidence when it comes to who was at fault and the nature of harm the patient endured.
When an individual is hurt due to someone’s carelessness or neglect, they may file a personal injury claim and sue for damages. These types of claims often involve tricky legal proceedings and require expert witnesses and evidence. Damages could include compensation for medical bills, pain and suffering, lost wages, disability, etc.
The main difference between bodily injury and personal injury is who can file a claim. In other words, bodily injury is the term used in criminal law while personal injury is what’s filed in civil court.
Insurance Coverage
Even with knowing the difference between bodily injury and personal injury, there may be some people who think that insurance coverage is the same for both or that one type covers both.
- Personal injury coverage includes compensation for injuries that you sustain from an accident.
- Bodily injury liability coverage includes coverage for any physical injuries that occur in an accident that you cause.
There are some people who may think that bodily injury or personal injury has something to do with insurance coverage. In fact, someone’s insurance company will typically handle their claim through the victim’s policy coverage.
When this happens, the victim doesn’t have to worry about dealing with federal laws or regulations until they file their own lawsuit against whoever caused their injuries.
In order to know if your claim involves bodily injury or personal injury, you need to look into whether it’s a criminal case or a civil proceeding first and then find out which court it falls under within those categories.
What to Do If You Have a Personal Injury or Bodily Injury Case
If you believe you have a personal injury or bodily injury case, it is important to contact a legal professional immediately. Reacting quickly to this type of case allows you to receive compensation while the details of the case are fresh in your mind.
If you have a personal injury claim, it means that you are filing to receive compensation for physical damages. This type of claim is based on the assumption that your injuries are due to someone else’s negligence or carelessness.
The main difference between bodily injury and personal injury is who can file a claim. In other words, bodily injury is the term used in criminal law while personal injury is what’s filed in civil court.
Regardless of the type of case you have, our team can help direct you towards a path leading towards recovery and compensation.
Trustkett Law: Personal Injury Attorneys
At Truskett Law, we understand the complexities of personal injury claims and how insurance coverage can affect your claim.
Our team provides a variety of services, including offering legal assistance in accident cases, product liability claims, wrongful death lawsuits, nursing home abuse and neglect claims, and more.
When you have suffered a personal or bodily injury, it is important to get the legal representation you deserve. The Truskett Law team is passionate about helping each of our clients receive the compensation they deserve. In doing so, we make it easier for our clients to pursue recovery following their injuries.
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