When someone is harmed, personal injury and bodily injury are frequently used. While some individuals use the phrases “personal injury” and “bodily injury” interchangeably, they have distinct meanings. Here’s a primer on the legal definitions and ramifications of personal and physical injuries.
What is Personal Injury
Personal injury is a legal concept in civil law. A personal injury claim pays victims of accidents or societal wrongs such as character defamation.
In a personal injury case, the plaintiff is the individual who has been hurt. The defendant is the person against whom the claim is made.
When the victim is killed in an accident, the plaintiff is the representative of the deceased’s estate. In a personal injury suit, the defendant is the individual whose carelessness caused the victim’s damage or loss. When a defendant assigns blame to another party, that person is referred to as the cross-defendant.
Legal Aspects of Personal Injury
Statutory Limitations. In Nevada, you must submit a personal injury claim within two years after the accident date. If you do not submit a claim within the statutory limitation period, you may lose your ability to sue for personal injury.
Liability. The question of liability is another legal problem that arises in personal injury claims in Nevada. A jury may decide that the plaintiff was largely or entirely to blame for their injuries or the accident in some situations. In Nevada, a specific rule called modified comparative negligence is used.
According to this legal notion, an injured person’s compensation is lowered by their portion of the blame for an accident. Another vital component of this law is that if the injured person is judged to be more than 50% to blame for the accident, they are no longer allowed to seek damages in the litigation.
Burden of Proof. Compared to criminal proceedings, the burden of proof in a personal injury lawsuit is comparatively low because these cases focus on paying the plaintiff for their losses or injuries. To collect compensation, the plaintiff in a personal injury lawsuit must demonstrate that the defendant behaved carelessly or did not conduct as a reasonable person would in a similar scenario.
Elements of Negligence in a Personal Injury Claim
Personal injuries can occur due to defective products, motor vehicle accidents, premises liability, professional misconduct, and a variety of other causes. In most of these personal injury law cases, the incidents are not deliberate but rather the outcome of the defendant’s reckless or negligent behavior.
The following are the main elements of negligence that must be proven in a personal injury claim:
- That the party at fault owed a duty of care
- That the accused failed to meet their duty of care towards you
- That the direct cause of your losses or injuries was because of the actions of the party at fault
- That damages resulted from the at-fault party’s actions
While a defendant’s legal obligation may differ based on their jurisdiction and the circumstances at hand, everyone is expected to do all in their power to avoid accidents.
For example, drivers should not drive while intoxicated, shopping malls should have dry floor surfaces free of debris that might cause slip and fall incidents, and manufacturers should not sell defective items. Personal injury widespread claims include car accidents, product liability, dog attacks, and slip and fall incidents.
Compensation in Personal Injury Cases
In personal injury lawsuits, damages are divided into economic and non-economic damages. Economic damages are calculated using one’s actual losses. Medical bills, missed earnings, out-of-pocket expenses, and rehabilitation fees are among them. Non-economic harms are difficult to quantify.
Pain and suffering are examples of non-economic damages. Non-economic damages in medical malpractice cases are limited in Nevada.
In certain circumstances, non-economic damage compensation is limited to $350,000. Non-economic damages in other lawsuits, such as vehicle accidents, are currently uncapped.
What is the typical settlement for a personal injury claim? That figure is very dependent on each instance and the extent of the damage incurred.
In general, the typical personal injury compensation ranges from $3,000 to $75,000. A skilled accident injury lawyer like Stephen Babcock will be able to assist you in obtaining the most significant amount of payment for your damages.
What is Bodily Injury
Bodily injury varies from a personal injury in that it deals with specific harm to a person’s body inflicted by someone else. The term bodily injury relates to certain damages that have occurred. Although this word is more typically used for injuries in criminal trials, bodily injury also has insurance implications.
Legal Aspects of Bodily Injury
A bodily injury claim often arises in the context of insurance concerning motor vehicle insurance. After a vehicle accident, for example, the Nevada bodily injury concept states that you would seek medical coverage from the at-fault driver.
In circumstances when the insured is at fault for an accident, bodily injury liability insurance pays for the injuries of other drivers, passengers, or pedestrians. This compensation will be granted for the specific injury subject to the insurance claim. It is not the same as property damage liability coverage.
Filing a Bodily Injury Claim
Breathe and Remain Calm. Following a car accident, the first thing you should do is analyze the situation. Check on everyone and take them away from the danger zone if it is safe.
Call the Police. The police officer will assist in mediating conversations between you and those involved in the collision, directing traffic, and determining whether or not intoxication was a factor in the occurrence.
Gather and Collect Documentation. Take photographs of any injuries you’ve incurred, and don’t forget to keep track of how they’re progressing. You’ll also need pictures of all of the automobiles involved. If possible, attempt to capture images of the entire incident.
Talk to Those Involved in the Accident. Make sure you collect a complete list of each motorist’s details. You’ll need their names, phone numbers, addresses, and insurance information. Provide this information about yourself to the other drivers as well.
Talk to Witnesses. Attempt to get as much information as possible from as many witnesses as possible. As soon as the accident occurs, ask everyone in the area their names, phone numbers, and addresses.
Compensation for Bodily Injury
When you are injured, you are entitled to reimbursement for out-of-pocket expenses, missed wages, reduced earning capacity, medical charges, treatment procedures such as x-rays, therapy fees, and hospital transportation. Although compensation for pain and suffering is available, it is more problematic in the case of bodily harm because this is traditionally reserved for physical injuries.
In a physical injury lawsuit, one can also sue for future expenditures and losses. These damages occur when a person has significant injuries that are likely to have a long-term detrimental influence on their life. You may be compensated for future lost income, deformity, future therapy, permanent disability, and impairment under these charges. The amount of your compensation will be determined by the severity of your injuries.
Personal injury refers to any form of harm suffered in an accident. Car accidents, slip and fall incidents, defective products, and wrongful death cases can all result in these sorts of injuries.
On the other hand, Bodily injury is more limited and may refer to injuries received by another person, most commonly in an automobile collision. In the context of insurance, bodily injury is a type of insurance coverage that compensates accident victims through the at-fault party’s insurance policy.
At Solutiontales we make it easy to understand the throes of legal world, but our words should not be taken as a legal advice.