Whenever one is in a car accident, the terms of personal injury and bodily injury are both thrown around a lot. More often than not, this happens interchangeably. However, you do not have to be an Orlando car accident attorney to know that the real meaning of these terms is quite different from one another. And quite frankly, it is a difference that common people must know
- Personal Injury
Discussing personal injury first, understand that this is a law term. A claim for personal injury is basically aimed at securing compensation for the victims of social wrongs, or accidents, like accidental slip and fall at a supermarket. The victim’s side is the plaintiff in such a case. This can be the person who sustained injuries or a representative of said person. More often than not, it is advised to utilize the service of Orlando personal injury attorneys or car accident attorneys in Orlando, as they would help you through the entire process.
The crucial element in personal injury is that of negligence. Personal injuries occur due to negligence like professional malpractice, medical malpractice, car accidents, etc.
- Bodily injury
Cases of bodily injury can be instantly differentiated from other personal injury cases because these are very specific ones. They deal with bodily injuries sustained by a person caused by another party. Most often the term is used in two kinds of situations, harm caused in criminal cases, and cases of insurance claims.
Personal injury vs Bodily injury
Personal injury and bodily injury are two terms that are often used interchangeably, but they actually refer to two different types of injuries. Personal injury is any type of injury that is caused by the negligence or wrongful act of another person. For example, if you are injured in a car accident that was caused by someone else’s careless driving, you would have a personal injury claim. Bodily injury, on the other hand, refers to any type of physical injury, regardless of who caused it. So, if you trip and fall down the stairs, you would have sustained a bodily injury. If you’re not sure whether your injuries fall under the category of personal injury or bodily injury, it’s always best to consult with expert lawyers who can evaluate your case and give you the best legal advice.
The differences between the two terms emerge more clearly when you understand the scope of both in terms of the legal aspects involved and the compensation patterns of each.
- Legal aspects
Personal injury- In cases of personal injury, the first and foremost legal aspect is the Statute of Limitations, which allows youtube file for a claim within four years from the time of the injury or accident.
The second aspect that arises concerns liability. In personal injury cases, the court decides the liability of the injuries sustained and that party has to pay for all the expenses incurred. In most cases it is the owner of the premises who has a responsibility to always protect their customers and in case they fail to do so they are liable to pay for any and all injuries sustained due to their negligence.
The third aspect is the burden of proof, which is low on the plaintiff, as compared to other kinds of criminal suits. Because these are civil cases and most handled by Orlando personal injury attorneys the only thing that the victim has to prove is negligence. The focus of the entire case from the start is to award compensation to the victim if the claims are true,
Bodily injury- A case of bodily injury most only arises in the motor vehicle insurance context. Bodily injury comes to the forefront in situations of auto accidents when a victim claims medical compensation and coverage from the party at fault. Liability insurance kicks in and compensates all the parties involved that sustained accidents. Say you played a sport, and your arm got thrown out in a negligent team exercise. Well, it could very well be the end of your career, requiring lawsuit. For a jury to see it that way, you’d need a medical professional to provide legitimate evidence pertaining to the long-term impacts of the injury in question. Sometimes personal injuries also incorporate bodily harm. When a personal injury is definitely a physical injury, it is important to work with medical professionals who can not only give you the care you need but help win your legal battle. A personal physical injury will require some level of court documentation to establish what you went through, define specific damages, and identify just who is responsible. Getting healthy may well take time and money even if you win the court case. You want someone who is going to treat you and give you the legal ammunition necessary to recover financially—like this doctor in elbow injury.
Personal injury- Orlando personal injury lawyers make sure that the plaintiff receives the maximum possible compensation in such a case. The losses are categorized as economic (like hospital expenses, lost wages, etc) and non-economic (like mental trauma, pain etc.) damages.
Bodily injury- Compensation in bodily injury cases is received for most out-of-pocket expenses, including but not limited to medical bills, lost earnings, etc. However, claiming compensation for non-economic damages is quite tough in these cases, as the compensation is restricted to bodily damages. Although, here compensation for future expenses can be claimed as well. This especially holds importance in cases where the damages are debilitating in the long run and affect a person’s ability to earn and go on with his daily life normally.
While it may seem like a fine line to the naked eye, the term personal injury and bodily injury should not be used interchangeably. They have separate domains where they are used. If you have been in an accident, it is best to take help from a personal injury lawyer Orlando as he would not only stay with you in the tough time but would also make your case better. A professional personal injury lawyer Orlando or car accident attorney in Orlando, would know the ins and outs of the system much better and would get you the compensation you deserve, whether that be from the defendant or the insurance company.