What Does ‘Bodily Injury’ Mean Legally?
If you were injured and are looking to secure compensation for your medical expenses, it is important to know what the term “bodily injury” means legally. Before you start the process of securing a lawyer and filing a lawsuit, you should know if you qualify for a bodily injury or personal injury claim and how to get started. You may even be asking yourself if and how a bodily injury differs from a personal injury and which one applies in your situation.
One of the reasons it is so beneficial to obtain the services of an experienced law firm is to help clear up any complicated terms and legal requirements you will encounter. In this article, we will look into the legal definition of bodily injury and suggest steps to take after experiencing this type of injury. When you are ready to take action, contact the personal injury attorneys at the Curtis Legal Group for a free, confidential consultation.
Defining Bodily Injury and Personal Injury
Outside of the legal field, bodily injury and personal injury are often used interchangeably to describe the same thing – any injury to a person’s physical body. However, the difference is significant when these terms are used to describe different legal situations. The implications of those distinctions can make a consequential change in the types of financial compensation you might expect and how you need to go about pursuing a settlement.
A bodily injury, as defined by Cornell Law School, includes cuts, bruises, burns, abrasions, disfigurements, physical pain, illness, impairment of bodily functions, organs, or any other injury to the body, no matter how lasting it is. Bodily injury is a term used most commonly when pursuing a settlement for physical damage covered under a bodily injury liability policy under a property, automotive, or business insurance policy.
A personal injury can include a range of damages that include the physical harm caused to an individual but also damages like pain and suffering. Personal injury requires proving another party was at fault or that the injury was caused by their negligence.
How Are the Terms Used in Legal Claims?
Bodily injury is a term used in criminal law when referring to injuries a person sustained due to a criminal action; and, it is used even more commonly in the context of insurance claims, especially motor vehicle accidents. Personal injury is used in a wide range of accidents that result in physical injury, pain, suffering, and / or damage to your reputation. Personal injuries require another party to be responsible for the damage you sustained, whether it was through negligence, reckless behavior, or any intentional action.
Types of Bodily Injury Accidents
Car accidents are the most common causes of bodily injuries, but other situations can cause bodily injuries, including:
- Slip and fall accidents
- Defective products
- Workplace accidents
- Animal attacks
- Medical malpractice
Each of these different types of bodily injury claims pertains to different varieties of insurance that would pay out. The coverage provided by these insurance policies vary based on the location the accident took place and / or the type of organization that is being held liable. Accidents like these are typically covered by policies such as:
- Homeowner’s insurance
- Renter’s insurance
- Business insurance
- General liability insurance
- Workers’ compensation
- Malpractice insurance
What Bodily Injury Settlements Will Cover
Bodily injuries refer to physical injuries such as broken bones, brain damage, internal bleeding, pain, and burns. The language does not encompass all damages sustained, which can reflect large losses for victims of accidents. Some examples of what is not covered as a part of a bodily injury include:
- Emotional distress
- Property damage
- Loss of consortium
- Lost wages
- Reputational harm
- Loss of quality of life
- Diminished earning capacity
- Mental anguish
- Psychological trauma, such as Post-Traumatic Stress Disorder (PTSD)
For compensation of the above damages, victims will have to prove negligence and pursue a personal injury case. Consult with an experienced personal injury lawyer to determine whether or not you should file a personal injury lawsuit. Your California accident lawyer will help protect your interests and give you the best chance at settling for what you deserve.
Pursuing A Bodily Injury Claim
If you have been injured and want to file a bodily injury claim, you first have to identify what insurance policy will cover you for your damages. For example, if you are filing a slip and fall claim due to an accident, you will file a claim with homeowner’s, renter’s, or business insurance, depending on where the accident took place. A personal injury attorney from Curtis Legal Group can help you determine how to pursue your claim and negotiate with the insurance company on your behalf.
The majority of bodily injury claims occur in the context of car accidents. If you have been injured in a roadway collision, you may be able to pursue a bodily injury claim to help cover the costs of your ensuing medical care. In California, all drivers are required to have bodily injury liability insurance for this specific reason.
A car accident lawyer is not required in order for a victim to receive a bodily injury settlement, but there is a benefit to having an experienced legal representative when fighting for compensation for your losses. Insurance adjusters deal with difficult bodily injury settlements every day and their job is to give you the minimum payout acceptable. You have the best chance of settling for the full amount you are owed when you work with a seasoned California car accident lawyer.
What Is Bodily Injury Insurance?
The California Department of Motor Vehicles requires bodily injury liability insurance for all private passenger, commercial, and fleet vehicles. At a minimum, coverage must include $15,000 for the injury or death of one person, $30,000 for the injury or death of more than one person, and $5,000 for damage to property. Currently, the only state that does not require bodily injury liability coverage is Florida, but all states differ in requirements based on the amount of coverage.
Under bodily injury liability insurance, someone injured in an accident has their medical bills, lost wages, and other physical damages covered. It will not cover property damage, car repairs, injuries to the driver or passengers in the at-fault driver’s vehicle, or damages beyond the policy limit. Pursuing a settlement for these types of damages requires you to file a personal injury claim.
Some drivers may choose to purchase underinsured or uninsured driver coverage, which covers you in the event of a crash where the at-fault driver is underinsured or uninsured. This optional insurance package is not required by California law but is strongly recommended because it will cover your medical expenses no matter what the limit or lack of insurance of the at-fault party.
What Happens If The At-Fault Driver Was Not Covered?
In California, all drivers are required to have automotive insurance that includes bodily injury liability coverage. Ideally, this coverage is intended to pay for the medical expenses of someone injured by an accident that the policyholder is responsible for. If they don’t have adequate bodily injury coverage, the responsible party is then solely responsible for the payment of the injured driver’s losses, including any medical expenses. Getting in an accident without appropriate auto insurance coverage can also lead to legal penalties, including fines, impounding their vehicle, and losing their driver’s license.
If you are covered by underinsured or uninsured driver coverage, you may file a claim against your own insurance for immediate financial relief for any medical expenses. If you do not have this insurance, you may choose to file a personal injury claim. It is important to act swiftly and retain the services of an experienced California personal injury attorney to consult with on your options.
If an underinsured or uninsured driver injured you in a crash, filing a personal injury claim may be the only way to seek a settlement for your losses. You will have to prove negligence on the at-fault driver’s behalf, but this can be done with the help of a personal injury lawyer from Curtis Legal Group. With a personal injury claim, you can seek financial relief for ongoing medical expenses, property damage, lost wages, pain and suffering, lost earning potential, and other important economic and non-economic damages that you may have suffered.
Let Curtis Legal Group Handle Your Bodily Injury Claim In California
Whether you choose to file a personal injury claim or just need help negotiating your bodily injury settlement with an insurance company, we are here to assist you. At Curtis Legal Group, we can help you calculate your settlements, craft a powerful demand letter, and threaten legal action if an insurance company does not treat you fairly.
We will work to create a thorough case, including a full investigation, analyzing and presenting the evidence against the at-fault driver. We will also negotiate with insurance company representatives for appropriate compensation for your losses. Contact us today for a free, no-obligation case consultation and get started today. Our team is ready to help you construct a strong personal injury claim and seek the maximum settlement allowed under California law.