In legal terms, bodily injury and personal injury may apply to different contexts. Depending on the type of case, standards of liability and proof may differ. These terms may also differ depending on the state in which an accident occurs.
The term “bodily injury” may refer legally to an injury sustained by a person generally injured in an attack or some other criminal act. However, in civil court cases, the expression personal injury mostly refers to all costs incurred as a result of accidents or due to wrongful deaths.
Bodily Injury Liability Insurance Primarily Compensates for the Other Party’s Expenses
Bodily Injury specifically includes types of damage to the body occasioned post-accident, including bruises, cuts, or possibly fractured bones. So anyone with bodily injury coverage would be indemnified for expenses faced by any other participants in the accident case.
If you collided with a cyclist after running a red light, you might find yourself being deemed liable for his injuries. Bodily injury insurance, according to your policy, may cover all or just a portion of those damages.
Legal Implications for Bodily Injury and Personal Injury Insurance Coverage
If your state is fault-based or no-fault, that will determine the type of insurance that you will need if involved in an accident.
For instance, in Florida, only taxis are required to hold insurance coverage. However, since Florida is a No-Fault Car Insurance State, it compels every driver to possess at least $10,000 of PIP coverage. No matter who caused the accident, you would file a claim for damages with your insurance company. Additional expenses may be incurred that are not covered by your PIP insurance policy. If you have PIP, you could also pursue additional damages under the other party’s insurance for bodily injury and personal injury.
Simply put, if you are the one responsible for the accident, then bodily injury liability insurance will take care of the injuries caused by the other party; whereas your PIP takes care of your own injuries and damages after an accident. These definitions may change, depending on where you live.
Personal Injury Covers Civil Claim Damages
In all states, the persons who are hurt in accidents are able to claim damages against the party at fault. In most cases, you must show evidence of incurred expenses due to this event. You have to produce documentation to back up what you say happened. Such documentation may include:
- Photographs or videos of the accident.
- Police reports or other law enforcement documentation.
- Medical records from examinations for injuries.
- Proof of missed wages due to the accident.
- Keep a record of all communications with the insurers.
- Receipts that value property damage
What Else Is Included in the Injury Claim for Bodily Injuries?
All medical expenses for injuries related to the accident can be filed against your bodily injury insurance company. Costs associated with your injuries or explosions caused by another may fall under your state’s laws. Such claims could be reimbursed using PIP or other coverage.
What Is a Bodily Injury and Personal Injury Claim?
There can be a bodily injury and personal injury claim when it can be proved that any person incurred injury or developed any disease due to wrongful conduct by another. It is the duty of all individuals and entities to take care of others. If this duty is breached and a person suffers injury, a bodily injury and personal injury claim arises.
Statute of Limitations After the Accident
There would be a limitation period to file a civil action. In Florida, for personal injury, four years is the time limit within which you have to appoint an attorney and file a lawsuit; while in other areas, you have to do so within only one year.
The time frame may differ if the accident caused a death. In Florida, in such cases, it is two years. It is a complex case; the sooner an attorney is called for a wrongful death case, the better.
This time span may be altered by some factors; for example, the age of the people involved in your accident. The limitation period will commonly commence from the next day of your accident or the day you become aware of your injuries. There are exceptions here; consult your lawyer on the laws of the state you are in.
Filing a Claim for Personal Injury Could Cover Some of Your Losses
A case may arise for you suffering pain and suffering through someone else’s negligence. To recover the costs of damages by filing a claim for personal injury, recoveries awarded could include:
- Medical bills: past, present, and future.
- Lost wages
- Impairment of earning capacity
- Pain and suffering
- Emotional trauma
- Loss of consortium
- Wrongful death
An adjuster prepares, files, and adjusts your claim after an accident. An insurance adjuster is a person who represents the company and assesses the amount of damages to both your person and property, including bodily injury and personal injury. The amount, however, may not cover your total loss. You are not bound by the adjuster’s first offer. Be very sure that you understand all your legal options before accepting a settlement. That is why many people hire attorneys.
Bottom Line!
An accident should not need to make you suffer further pain or misery. The family members and you should not be left bearing the enormous cost of an accident that was not your fault. Jenkins Law PL is your best option following a bodily injury or personal injury.
Our lawyers at Jenkins Law PL will consider and analyze all evidence relevant to your case and provide a strong legal representation to protect your rights.
Reach out to us now. We work on a contingency-fee arrangement, meaning we do not get paid until we succeed in getting compensation for you. We are open to all inquiries concerning the law with reference to bodily injury and personal injury.
