In legal terms, the phrases “personal injury” and “bodily injury” always come up when someone is injured. However, there’s some individuals who confuse the two words. They have very distinct meanings in a legal setting. A personal injury lawyer can help you figure out which one applies to your case.
When it comes to legally defining these two similar terms, here’s a few things you should know about both.
What is the Definition of Personal Injury?
A personal injury is typically part of a civil law dispute. In a personal injury lawsuit, the responsible party pays the victim of accidents or societal injustices such as character defamation.
In a lawsuit or claim, the plaintiff is the individual who has been injured due to another party’s negligence. The defendant is the individual who is being blamed for the injury.
In some cases, the injury may result in death. In these instances, the plaintiff is the party representing the estate of the person(s) who have died. In a personal injury case, the defendant is the individual whose carelessness resulted in harm to the victim, their death or any losses. The opposing party is known as the cross-defendant when the defendant assigns responsibility to them.
Legal Aspects of Personal Injury
There are time limits to officially file a personal injury claim. This is called a statutory limitation. In Nevada, for example, you have two years from the date of the accident to bring forth a personal injury claim. If you do not file within this time period, you may lose your right to bring a personal injury lawsuit. The statutory limitation period is a very important window of time.
Who is Liable?
Another legal aspect of personal injury is liability. The question of who is liable comes forth in personal injury lawsuits. At times, even the plaintiff may be found to be partly or entirely to blame for their injuries or even the accident. In Nevada, there’s a special rule called modified comparative negligence
In these cases, an injured person’s compensation is lowered if they are found to be partly at fault. Another important element of this law is that if the injured person is more than half at fault for the accident, they would lose their right to any compensation in the lawsuit.
The Burden of Proof
Because these lawsuits are focused on paying the plaintiff for their losses or injuries, the burden of proof is generally low compared to criminal proceedings. In order to obtain compensation in a personal injury lawsuit, the plaintiff must prove that the defendant was careless or did not behave in a reasonable manner.
Personal Injury Compensation
There’s two types of damages in regard to personal injury cases: economic and non-economic damages. When referring to economic damages, this is calculated by taking into account an injured party’s real losses. It might include medical costs, loss of income due to missed work or even rehab costs. On the other hand, non-economic losses are difficult to quantify.
One example of non-economic is pain and suffering. These sorts of damages can range from thousands to hundreds of thousands, depending on the severity of the injuries. Some states may limit damage awards.
Your award can vary, depending on a number of elements. However, a personal injury compensation typically ranges from $3,000 to $75,000. An expert accident injury lawyer can help greatly in getting their client the most favorable outcome possible.
What is the Definition of Bodily Injury?
When the legal term “bodily injury” is used, it varies from personal injury in that it involves a specific damage to a person’s body that is inflicted by someone else. It refers to particular injuries that have occurred. It is most frequently associated with injuries sustained in a criminal setting.
How to File a Bodily Injury Claim?
- Remain cool and collected. After a car collision, the first thing you should do is evaluate the situation. Make sure everyone is safe and transfer everyone away from the danger zone if it is safe to do so.
- Call the police. Police officers and emergency vehicles will assist you in mediating conversations with other people involved in the collision, as well as route traffic and investigate who is at fault. This is important in establishing your claim.
- Gather all the important information. Take pictures of any injuries you’ve suffered, and don’t forget to keep track of how they’re healing. You’ll also need photographs of all of the cars involved. If at all possible, take pictures of the whole situation.
- Talk to all involved parties. Make sure you obtain a comprehensive list of each driver’s details. You’ll need their names, phone numbers, and addresses information, among other things. Also, provide the other drivers this information about yourself.
- Talk to any witnesses present. Obtain as much information as possible from as many witnesses as possible. Ask everyone in the vicinity for their names, phone numbers, and addresses as soon as the accident happens.
Bodily Injury Compensation
You are entitled to compensation for out-of-pocket costs, lost work income, lost earning ability, medical bills, and even treatments for your injuries or other related costs like an ambulance ride. Paining and suffering is more difficult to go after in a bodily injury claim, but is possible. It is often reserved for physical injuries.
An injured party can sue for future costs and losses that may arise from your injury. This is usually from injuries that have long-term effects on one’s life and routine. You may be compensated for income that you would’ve made, a permanent disability or deformity. The amount you receive in a lawsuit is generally decided by the severity of your injuries.
Any kind of harm suffered in an accident is referred to as a personal injury. Incidents like a car accident or a slip and fall or a wrongful death would fall under a personal injury claim.
You may learn a lot by doing your research and reading articles such as this one, but it is important that you seek legal counsel. A personal injury lawyer can offer a lot of guidance in these situations and can help you get what you deserve, in terms of compensation.
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