Personal injury and bodily injury are two terms that are often confused as one. There is a slight difference between the two and the legal ramifications for both are different.
What is Bodily Injury?
Bodily injury refers to a physical injury caused to an individual because of assault or some other type of crime. More explicitly bodily injuries refer to the harm done to the body after the injury. Some examples of bodily injury are burns, cuts, bruises, fractures, nerve damage, etc.
The bodily injury comes under the scope of criminal law. The accused responsible for the injury faces a trial in which charges are levied against him by the State. The public prosecutor is required to prove the defendant guilty beyond a reasonable doubt. The defendant is represented by a criminal defense attorney.
In case of an accident in which a bodily injury irrespective of who is responsible for the accident either party will need to file for damages with their own insurance company. The insurance company bears some of the losses incurred due to the accident. The injured can claim compensation from the other party’s insurance as well.
The laws for bodily injury vary for different states in the US.
What is Personal Injury?
Personal injury is when an individual gets injured due to the negligence of another. A personal injury is not restricted to physical injuries, it can be emotional, or mental injury.
Personal injury cases come under civil laws. In a personal injury case, the victim claims compensation from the entity responsible for the injury. The entity may be an individual, an organization, or the owner of a facility. Some examples of personal injury cases are automobile accidents, medical negligence, product liability, and more.
In a personal injury lawsuit, the plaintiff is required to prove the guilt of the defendant. In other words, the victim needs to provide evidence and/or testimonies of witnesses to prove that the defendant is responsible for the injury. Once the guilt is established, the defendant needs to compensate the victim for the losses.
The losses for which claims can be made in a personal injury case include:
- Medical expenses that have occurred due to the accident and future medical bills because of the accident.
- Lost wages due to the accident.
- Compensation if the victim’s earning capacity is impacted.
- Emotional Trauma
- Pain and suffering as a consequence of the accident
- Loss of workdays.
Besides these, there are several other expenses for which compensation can be claimed. The compensation claimed in a personal injury case is not limited to the current expenses but the compensation may be claimed for future expenses as a consequence of the accident.
In case you are a victim in a personal injury case, you will require the services of a personal injury lawyer. It is recommended that you engage a personal injury lawyer immediately after the accident. This will enable the lawyer to conduct his investigation and collect evidence after the accident before the evidence is tampered with or altered in any way.
Autrey Law Firm has a team of specialist personal injury lawyers who provide the best representation in a personal injury lawsuit.
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