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What Is the Difference Between Bodily Injury and Personal Injury?

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The Difference Between Bodily Injury and Personal Injury

Both personal injury and bodily injury get confused as being the same thing because they both refer to harm done to an individual. Reality is, they both have very different meanings.

If you have been involved in an accident, you will likely hear these two terms more than you would like. It’s important that you become familiar with them.

What Is the Difference Between Bodily Injury and Personal Injury? FAQ

Bodily Injury Claims

Bodily injury refers to any physical injury to your body. 

This Term Is Often Used In:

  • Criminal law, when talking about injuries a person received from a crime
  • Insurance, when talking about bodily injury liability insurance to compensate someone when the insured causes an accident in which others are hurt
  • Civil lawsuits, when an injured party goes beyond insurance and pursues a claim for compensation against an individual who caused harm

Examples of Bodily Injury Include:

  • Neck injuries and whiplash
  • Spinal cord injuries
  • Nerve damage
  • Cuts, abrasions, and bruises
  • Broken bones and fractures
  • Traumatic brain injuries
  • Internal organ damage
  • Amputations and loss of limbs
  • Back injuries

In a successful lawsuit or insurance claim you will receive compensation for your expenses related to bodily injury.

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Personal Injury Claims

Personal injury refers to bodily injury. It also includes emotional, mental, and intangible damages.

This Term Is Often used In:

  • Vehicle accidents involving cars, trucks, motorcycles, and/or pedestrians
  • Slip and fall accidents
  • Defective products
  • Medical malpractice
  • Premise liability: when you are hurt on someone else’s property due to a danger they should have fixed or warned about
  • Wrongful death: wrongful death is like a personal injury claim, but since the injured person has died, a claim is brought on behalf of the deceased’s survivors or estate
  • Defamation of character

Examples of Personal Injury Include:

  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress
  • Psychological injuries, including PTSD, depression, anxiety, and more
  • Diminished quality of life
  • Physical pain and suffering
  • Scarring and disfigurement
  • Impairments and disabilities

Both bodily injury and personal injury can be compensated for in a personal injury claim.

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Consult With A Lafayette Personal Injury Lawyer Today

For over 30 years, Craig and his team has helped thousands of personal injury victims pursue compensation for damages owed to them. We are dedicated to providing competent, compassionate legal support, and giving you and your family the personalized attention you deserve. Our lawyers are committed to fighting for your rights and helping you recover maximum compensation for your injuries and losses. Give us a call today. Our conversations are always free and you don’t pay anything unless we win your case!

Legal Aspects of a Personal Injury Claim In Lafayette, La

There are several legal aspects of a personal injury claim that accident victims need to be aware of to protect their rights. Things you need to know about personal injury accident claims are:

You Must Prove Liability for Your Claim

In a personal injury case, you, the plaintiff, must show that another party, the defendant, acted negligently. To do so, your personal injury attorney must prove the following main elements:

  • The defendant owed you a duty of care not to cause harm
  • The defendant failed to meet their duty of care
  • The defendant’s actions or failure to act was the direct cause of your losses or injuries
  • You suffered damages as a result

The duty of care would depend on the circumstances since responsible parties have the duty to avoid accidents that harm others. For example, store owners should clean up spills that could cause falls, and drivers should not text while driving.

Damage Awards in Personal Injury Cases

If you have suffered an injury in Louisiana, you may be able to receive compensation for your damages a personal injury lawsuit. Insurance companies hire high-powered attorneys to attempt to pay out as little as possible through small settlements. It helps to have a personal injury lawyer on your side to negotiate and get you the best compensation possible.

In a successful lawsuit, you may be awarded special damages and general damages.

Special damages are payments for your monetary losses and expenses. These may include:

  • Reimbursement for medical and therapy expenses
  • Lost wages, and projected future losses
  • Property damage
  • Funeral costs, in case of a death

General damages are for less-tangible costs that it is difficult to put a monetary value on, such as pain and suffering and loss of companionship and quality of life.

There is no limit on the amount of damages you may receive in Louisiana, except a cap of $500,000 in cases of medical malpractice, per Louisiana State Legislature § 1231.2. Louisiana will also grant punitive damages in some cases of extreme, wanton, and reckless negligence.

Get Legal Assistance With A Winning Lawyer

According to Louisiana Civil Code Article 3492, there is a strict time limit of one year from the day the injury occurred to file a lawsuit, so it makes sense to reach out to a legal professional as soon as possible. Our law firm has over 30 years of proven success winning millions for our clients. We don’t collect anything unless we win your case. Call us today to schedule a FREE case evaluation. 

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