Personal injury is a civil claim filed against someone for inflicting harm on someone else due to negligence. Some examples of personal injury claims may include an automobile injury involving an intoxicated driver, a tripping hazard at a business or home causing injury, or abuse or neglect of an older adult living within a nursing home. Bodily injury refers to the damages sustained to an individual caused by another person. Some examples of bodily injury may include aggravated assault causing bruising and face lacerations or physical injuries sustained in an automobile accident that prevents you from returning to work.
Every injury claim is unique and may require specific legal advice for each situation. For more detailed information, please contact a trusted team of lawyers like Schwartz Law Firm to discuss your circumstances.
Though the difference between personal and bodily injury may seem cut and dry, there are a few more legal nuts and bolts to go over for a complete understanding.
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Legal aspects of personal injury
When someone else’s negligence causes bodily harm to another person, they have legal grounds to file a personal injury lawsuit.
There are specific requirements to follow to file a personal injury claim, including:
1. Statutory limitations
Depending on which state you’re from, there is an allotted time frame that you have to submit your insurance claim. If you wait too long, your personal injury claim will be invalid, and you may lose your opportunity to sue altogether. It is vital to act promptly when considering filing a personal injury claim.
2. Valid insurance policy
If another party has injured you and you are considering filing a personal injury claim, it is also crucial to ensure they have valid insurance coverage. For example, if you have been in an automobile accident and sustained injuries, find out the other driver’s insurance information. If you have fallen outside an establishment and have suffered injuries, find out who owns the building to help prepare for legal proceedings.
3. Liability
Another concern with personal injury claims in the U.S. is liability. Sometimes, the jury may find the plaintiff liable for injuries sustained in an accident. If that’s the case, compensation to the injured party may cause a reduced share of the liability of the accident. The injured party may also lose their entitlement in the case if they are liable for damages.
4. Burden of proof
To be eligible for compensation in a personal injury lawsuit, the plaintiff must prove to the court that the defendant acted out of negligence.
Personal injury claim elements of negligence
Personal injury claims result from injuries sustained by an individual because of carelessness by another person. The key elements of negligence needed to be proven in a personal injury claim include:
1. Proof of fault
For a personal injury claim to proceed in court, proof of fault must exist between the victim and the offender. For example, a business owner is responsible for salting his parking lot. If a customer falls and injures themselves in an unsalted parking lot, the business owner is at fault for their injuries.
2. Breach of duty
After proof of fault, the breach of duty must be determined next. For example, driving on the wrong side of the road and hitting a pedestrian causing injury to the victim is a breach of duty. Another example of a breach of duty might be failing to train or corral a dog you know is aggressive before it bites someone.
3. Proof of direct cause
To prove fault in a personal injury lawsuit, the direct result of the offenders’ actions is taken into account. The claimant must prove that the injury would not have occurred if the defendant had not acted out of carelessness. The claimant also must establish the severity of the injuries and their impact on quality of life.
You may also file claims against someone’s insurance company for injuries you sustain due to their action or inaction outside of the legal proceedings.
Steps to follow when filing a bodily injury claim
A bodily injury insurance claim involves compensation for physical injuries caused in an accident. Compensation for bodily injury claims often includes medical bills, loss of earnings, and compensation for pain and suffering caused by the accident. Other bodily injury costs may include transportation to and from doctor’s appointments and medical aid, such as crutches, wheelchairs, or braces to maintain daily living skills following an accident.
Some examples of bodily injury caused by accidents may include body fractures, swelling or bruising, severe body pain, bleeding, cuts and scrapes, or bite marks caused by an animal attack.
If you are a victim of an accident causing bodily harm, remain calm and follow these steps:
1. Assess the situation
First, assess the damages and make sure that everyone involved in the incident is away from further danger. Begin administering first aid or CPR if needed as soon as it is safe to do so.
2. Call the police
Next, call the police and paramedics immediately after assessing the situation and make sure all parties involved are free from further danger.
3. Gather evidence
Once the paramedics have arrived on the scene, gather information to present in your bodily injury case. Take several pictures of your injuries and the accident scene. Get names and insurance information from other parties involved in the accident.
4. Find potential witnesses
When an accident occurs, you might not think about witnesses. However, testimonials are also critical to your bodily injury case. Take names, addresses, and phone numbers of any witnesses who may have seen the accident. Keep your information in a safe place to be used in court proceedings if necessary.
In closing
Personal injuries result from an accident such as an automobile accident, a trip or fall caused by the property owner’s negligence, a dog bite from an unleashed dog, or a faulty product caused by direct negligence. Alternatively, bodily injury is the physical injuries seen because of the accident sustained by the victim.
If you have suffered an injury, consult an attorney in your area for legal advice to receive the best course of action for your particular case.
