Differences Between Bodily Injury and Personal Injury
You have probably heard about bodily and personal injury, especially when claiming accident compensation.
While these terms sound similar, did you know that they refer to different points in a lawsuit? And it’s important to understand their differences to avoid confusion and interchanging the terms while taking legal action.
So, read on and know the differences between these legal terms to help you claim your deserved compensation. Consulting a Burbank personal injury lawyer will also help clarify these points.
What Are Bodily Injuries
Bodily injuries are the physical damages your body sustains from an accident due to a negligent or intentional action.
Common examples of these physical damages include injuries from:
- Car crashes, like whiplash and head trauma
- Faulty machine accidents, like amputation or bone damage
- Medical malpractice, like internal organ damage due to a faulty surgery
Bodily injury insurance policies thus only cover the physical damage you or the other involved party may sustain in an accident. It won’t cover psychological conditions like post-traumatic stress disorder (PTSD) and depression.
For example, suppose you were at fault in a car crash, the insurance may cover the physical damage the victim may have sustained. It may also cover your injuries, depending on your policy. However, you may need a more comprehensive policy to cover psychological conditions.
What Is Personal Injury
Personal injury is the civil lawsuit you file to claim compensation from an at-fault party who harmed you. A vital factor to remember is that physical and non-physical damages may qualify you to claim compensation through this lawsuit, as long as:
- The at-fault party has committed a negligent or intentional harmful action
- The at-fault party’s action caused you physical or non-physical harm
- The damages you sustained caused economic and non-economic losses
For example, you may file this civil case if:
- An overspeeding driver hits your car
- The accident caused you to sustain physical injuries and psychological trauma
- You incur accident-related economic and non-economic losses like medical expenses, lost wages, and pain and suffering
Sustaining bodily injuries could thus entitle you to file a civil lawsuit. However, you may also claim compensation for non-physical damage like psychological trauma and defamation.
Proving Personal Injuries
As mentioned above, you may file this lawsuit after sustaining physical or non-physical injuries.
However, you should prove the defendant has caused your injuries and subsequent economic and non-economic losses. Here’s how:
- Seek immediate medical care to get appropriate treatment. Also, collect all medical documents as evidence of your condition, like medical reports, diagnoses, laboratory results, and treatment prescriptions.
- Consult a psychiatrist if you undergo emotional distress because of the accident. A psychiatric evaluation will prove the psychological conditions you suffer from.
- Collect all documents that could prove your injury-related financial losses, like medical bills and medication receipts. You must also collect your recent payslips to prove your lost income.
- Hire a Burbank personal injury lawyer to handle your claim. They will help collect sufficient evidence to prove who is at fault and the damage sustained from the accident. Moreover, they will calculate the compensation you should receive and represent you in settlement and court trials to win your case.
Consult a Personal Injury Attorney in Burbank to File the Correct Claim
Legal terms could be confusing, but it’s vital to understand them when claiming compensation. So, always remember the differences between bodily injuries and personal injury to use them in your case appropriately.
A Burbank personal injury lawyer will help you know more about these legal terms and file the correct lawsuit according to your situation.