Personal Injury vs. Bodily Injury: What is the Difference?
People tend to use bodily injury and personal injury interchangeably when referring to scenarios when an individual gets hurt. However, the two terms do not necessarily mean the same thing. There are legal consequences and steps to follow if injured because of the wrongful or negligent act. If you have a case, it is also essential that you find an experienced lawyer for legal advice and representation. Discuss your case today with our Hudson County Personal Injury Attorney to understand your options.
Here is the difference between personal injury and bodily injury:
Before looking at the specific differences, you must understand the definition of each term. Personal injury cases are under civil law and require victims to receive financial compensation for accident-caused injuries and social wrongs. In such cases, the plaintiff is the victim in the accident, and the defendant is the negligent party. If the injured person dies, their families can file a wrongful death lawsuit seeking compensation to cover all losses.
Unlike criminal cases, the burden of proof is not high in these civil cases. The only benefit is that personal injury cases receive payment for damages while criminal cases do not insist on compensation. The lower burden of proof does not mean it is non-existent; the plaintiff must show negligence in the defendant’s actions.
What are the elements of personal injury?
Personal injuries occur due to defective products, car accidents, professional malpractice, premises liability, and other reckless conduct by one party. To prove negligence, the plaintiff must show that:
- The defendant owed them a duty of care. Drivers owe other road users a duty of care.
- The defendant ignored their duty of care.
- The injury has a relationship with the defendant’s actions to breach their duty of care.
- The other damages occurred as a result of the defendant’s actions.
Although the duty of care varies according to state, everyone should do everything possible to avoid injuring others. If the plaintiff fails to prove these elements, the judge or the jury has no option but to dismiss their case. That is why these cases require the legal representation of an expert.
Bodily injury defines specific physical harm to an individual caused by the actions of another. It could be something as minor as a bruise or as significant as a broken limb. While personal injury falls under civil cases, bodily injury falls under criminal cases. People who cause bodily injury are charged with simple assault or aggravated assault if they used a deadly weapon. Insurance companies also rely on the presence of physical injury when paying compensation.
Work with the Law Offices of Anthony Carbone
Our Hudson County Personal Injury Attorney has had over 30 years of experience fighting for victims of personal injury accidents. You want a lawyer who will go the extra mile of searching for more evidence to increase your chances of success. Schedule a free consultation online or call the offices at 201-829-3829.