If you’ve been injured in an accident, you may wonder whether you have a personal injury claim. The first step is understanding the difference between bodily injury and personal injury claims.
Bodily injury claims are made when someone else’s negligence causes you to suffer a physical injury. These claims are made against the at-fault party’s insurance company.
On the other hand, personal injury claims are made when you suffer an injury to your reputation or emotions. These claims are made against the at-fault party directly.
Keep reading to learn more about bodily injury and personal injury claims!
What is Classified as Bodily Injury?
Bodily injury can be any physical harm you suffer due to someone else’s negligence. This includes cuts, bruises, broken bones, and other physical injuries.
To have a successful bodily injury claim, you must prove that the at-fault party’s negligence led to your injuries. You will also need to show that your injuries resulted in medical bills, lost wages, or pain and suffering.
What is Classified as Personal Injury?
Personal injury claims are made when you suffer an injury to your reputation or emotions. These claims are also made against the at-fault party directly.
To have a successful personal injury claim, you must prove that the at-fault party’s actions led to your emotional distress. You will also need to show that your emotional distress resulted in a physical injury, such as insomnia, headaches, or stomach problems.
What are the Differences Between Bodily Injury and Personal Injury Claims?
The biggest difference between bodily injury and personal injury claims is the type of injury that you suffer. Bodily injury claims are made when you suffer a physical injury, while personal injury claims are made when you suffer an emotional injury.
Another difference is the burden of proof. For a bodily injury claim, you must prove that the at-fault party’s negligence led to your physical injuries. For a personal injury claim, you must prove that the at-fault party’s actions led to your emotional distress.
Finally, the compensation you can receive differs for each type of claim. You can receive compensation for your medical bills, lost wages, and pain and suffer bodily injury claims. For personal injury claims, you can receive compensation for your emotional distress, lost reputation, and physical injuries.
When to File a Bodily Injury Claim?
Most insurance policies have a bodily injury liability limit, the maximum amount the insurance company will pay for bodily injury claims. If you have been injured in an accident and the other party is at fault, you may be able to file a bodily injury claim to recover the costs of your medical treatment.
A few things to consider before filing a bodily injury claim include the following:
- The severity of your injuries.
- The cost of your medical treatment.
- The liability limit of the other party’s insurance policy.
If you need to decide whether you should file a claim, you can always speak to an experienced personal injury lawyer to get advice on your case.
When to File a Personal Injury Claim?
If you have been the victim of defamation, emotional distress, or another type of emotional injury, you may be able to file a personal injury claim. Unlike bodily injury claims, there is no financial limit on the number of damages you can recover in a personal injury claim.
Before filing a personal injury claim, you should speak to an experienced personal injury lawyer to discuss the facts of your case and determine whether you have a valid claim.
In conclusion, the main difference between bodily injury and personal injury claims is the type of injury suffered. Bodily injury claims are typically associated with physical injuries, while personal injury claims can involve both physical and mental injuries. If you’ve been injured, contact Garcia and Phan Personal Injury Attorneys (714) 586-8298 today.
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