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Until you’ve been seriously injured in an accident, it’s hard to imagine the toll it takes on your life. Rather than a singular, contained event, a major accident can produce a ripple effect of consequences for years to come.
As a result, injury victims can find themselves wading through losses long after their immediate physical injuries have healed. They may be saddled with insurmountable medical debt, or they may have lost their ability to work at their previous job. They may even suffer from depression or post-traumatic stress disorder (PTSD) as a result of the ordeal.
Regardless of how their losses manifest, you can bet that accident victims continue to suffer in ways that aren’t always apparent to everyone. In light of that fact, ask yourself this: Shouldn’t the party who caused the accident be responsible for making them whole again? We think so.
If you’ve sustained injuries caused by someone else, you may be able to secure compensation through a lawsuit. However, if you’re like most people, you’re not totally sure where to start. You may even be confused about which legal terms apply to your situation. This article will explain one of the first distinctions you’ll need to make: personal injury vs. bodily injury.
Keep reading to learn more about your legal situation, your options and how our personal injury attorneys may be able to help you secure the compensation you deserve.
Ready to protect your future? As a premier law firm in the Bay Area, we have the resources and expertise needed to win. Call us at (415) 442-4646 to set up a free case evaluation with one of our compassionate attorneys today.
Personal Injury vs. Bodily Injury: Why Does It Matter?
The legal field is complex, and so is its terminology. Outside of the law, the terms “bodily injury” and “personal injury” could be interpreted as meaning the same thing: an injury sustained on one’s body or “person.” Legally speaking, however, the terms have different meanings—and implications. If you’ve sustained serious injuries and are considering taking legal action, it’s important to get at least a rough idea about the process ahead of you. Understanding the distinction between personal and bodily injury may help you answer many questions, including the following:- Should I pursue a civil lawsuit?
- Will I be compensated through insurance claim or through a lawsuit?
- What type of compensation am I eligible to receive?
- What will I have to prove in order to receive compensation?
What Is a Bodily Injury in California?
Cornell Law School defines bodily injury as “a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.” Unlike “personal injury” this term may refer to injuries sustained by victims of assault or similar crimes. Whereas “personal injuries” may be used in both insurance claims and civil lawsuits, “bodily injury” is most commonly seen in the context of insurance claims.Bodily Injury Claims
California law requires drivers to carry bodily injury liability insurance at a minimum of $15,000 per person and $30,000 per accident. As a result, “bodily injury” is often used in the context of car accidents. This type of insurance coverage generally pays for the other party’s damages if you were the cause of the accident. If you are the injured party in an accident, the at-fault party’s insurance policy should pay for your physical injuries and potentially more. However, it’s important to remember that insurance adjusters represent the insurance company, and their main priority is the bottom line—not you. They frequently lowball injury victims, so don’t feel obligated to accept their offer. The best thing to do in these scenarios is to speak with an experienced Bay Area car accident lawyer about your case. They can investigate your situation and help you draft a demand letter that accurately reflects your losses. In many cases, the insurance company would rather issue a fair settlement than potentially face litigation.What Is a Personal Injury in California?
Rather than referring to a type of bodily harm, the term “personal injury” is most frequently used to describe a type of civil lawsuit. Personal injury lawsuits exist primarily to provide monetary compensation to accident victims rather than to punish the alleged at-fault party. In these cases, the injured party who is bringing the lawsuit is called the plaintiff, and the alleged at-fault party is called the defendant. Personal injury claims can arise from a variety of accidents, from premises liability to motor vehicle accidents, medical malpractice cases and much, much more.Proving Negligence
The plaintiff’s burden of proof is generally lower in personal injury cases than it is in criminal cases involving the same injuries. Most personal injuries are the result of reckless actions, and plaintiffs claiming negligence will need to demonstrate the following key elements:- The defendant’s duty of care
- The defendant’s breach of duty
- Actual causation
- Proximate causation
- Actual damages
Personal Injury vs. Bodily Injury FAQ
We get it: Navigating legal terminology can be difficult. Luckily, injury victims don’t have to do it alone; an experienced Bay Area injury lawyer can lay out your legal options. If you’re wondering what to do after a serious accident, it’s a good idea to seek out legal advice. In the meantime, check out our answers to a few of our most frequently asked questions.- What types of compensation can I receive in a personal injury lawsuit?
- Do I need a car accident lawyer for my bodily injury claim?
- How much does it cost to hire a personal injury lawyer?
- What is my personal injury lawsuit worth?