Are you tired of bearing the losses of an injury that wasn’t your fault?
If so, then you need to identify the differences between the most common terms you’ll come across.
A common source of confusion is bodily injury vs personal injury. How can you tell the two apart and use them to your advantage in court? Learn the answers below.
Understanding the Term: Bodily Injury
Bodily injury is exactly what it sounds like. The term describes the specific physical damage that happened to you.
It’s surprising but this term isn’t used very often in a legal context. For the most part, it’s used in an insurance context. There are times when the term gets thrown around in criminal court, but it’s rarely used in civil court.
Take a look at your car insurance policy. Once you do, you’ll likely notice ‘bodily injury’ appearing more than once. Bodily injury coverage provides compensation for injuries you sustain in an accident.
Depending on where you live, coverage may come into play immediately after your crash. You’ll get paid regardless of who was at-fault for the accident.
Like all insurance, there is a limit to how much you can collect, though. Often, your losses exceed the coverage you’re given.
What is a Personal Injury?
Personal injury is a term that’s used in the context of civil lawsuits. It’s a type of lawsuit that begins when someone gets hurt by someone else’s actions (or lack of action).
When it comes to civil lawsuits, about 92% of cases focus on personal injuries. Personal injury law covers a wide range of scenarios like:
- Car accidents
- Medical malpractice
- Wrongful death
- Slip and fall injuries
- Nursing home abuse
- Product liability
The burden of proof in personal injury cases is on the plaintiff. You’ll have to show that the other person was responsible for your accident.
Do You Have a Lawsuit on Your Hands?
So, how do you know if your bodily injury gives rise to a personal injury lawsuit? Here are the basic components you’ll need to prove if you’re hoping to get compensation:
- The other party had a duty to provide for your care
- The other party failed to uphold their duty of care
- You suffered an injury
- Your injury led to specific damages
Even if you meet these requirements, you still might not be eligible for compensation. Maybe your case is too old, or you’ve already accepted a sum from the responsible party.
Bodily Injury Vs Personal Injury: What Does it All Mean?
When someone else causes you to get hurt, you’ll hear a lot of legal terminology thrown around. There are also insurance terms you’ll need to understand, too. When it comes to bodily injury vs personal injury, one gets used in an insurance context and the other a legal one.
Despite that, both terms signify that you’ve sustained an injury. They also mean you’re likely eligible for compensation. They’re both used to help identify who should pay for your losses.
Knowing this type of terminology is a huge help when you need money for your losses. Are you looking for more pro-tips and advice? We’ve got you covered. Keep browsing through our health section for more of our latest content.