Dealing with injuries you incurred due to someone else’s negligence is usually a confusing and challenging experience. However, you must understand that the law does not classify all injuries similarly. Furthermore, each injury type has different laws; for example, the laws governing bodily injury differ from those governing personal injury.
“Personal injury claimants tend to use the terms ‘bodily’ and ‘personal injury’ interchangeably, but they mean entirely different things. Understanding how bodily injury differs from personal injury is essential to ensure you fight for the right things,” states attorney Felix Gonzalez.
Therefore, this article explains the major differences between personal injury and bodily injury. It also explains how the law addresses and handles each case, depending on your jurisdiction.
Laws Governing Personal Injury
Each state in the United States has specific laws governing personal injury, although similar. In Virginia, for example, personal injury encompasses a wide range of harms or injuries. The state defines personal injury as physical harm caused by another person’s negligent behavior.
Personal injury mostly involves physical injuries, but it also deals with other forms of harm, which includes mental anguish, loss of fellowship, and damage to one’s reputation. In Virginia, the law states that whoever sustains personal injuries can obtain financial compensation.
The obtainable compensation includes medical expenses, pain and suffering, lost wages and means of earning, and many more. The burden of proof is on the injured victim to prove the defendant’s liability and receive full and fair compensation. In other words, the injured party must prove that the at-fault party is responsible for their injury.
Laws Governing Bodily Injury
Under Virginia law, ‘bodily injury’ refers to physical injury, illness, or disease; it also includes death. The definition of bodily injury under the law is broad, encompassing many physical ailments and injuries. Injuries captured under bodily injury range from minor contusions and lacerations to severe, life-threatening injuries.
The law provides bodily injury victims the chance to recover monetary compensation for their injuries. As such, they can recover compensation for hospital expenses, suffering, mental anguish, lost income, and other additional damages incurred. In this case, victims must prove that the defendant is liable for the accident in which they sustained this bodily injury.
Personal Injury vs. Bodily Injury: Differences Explained
Personal injury refers to any form of harm or injury (physical or otherwise) resulting from someone else’s actions or inactions. However, bodily injury is purely physical, referring to the physical injuries on the injured victim’s body. Examples of bodily injury include broken bones, whiplash, lacerations, concussions, neck injuries, severed joints, and any other physical injury sustained in an accident.
By definition, all bodily injuries fall under personal injury, but not every personal injury is a bodily injury. For example, if an individual sustained a traumatic brain injury in a motor crash, they have a personal and bodily injury. However, in the case of a trip-and-fall accident where they only sustained emotional trauma, what they have is personal injury.
Conclusion
As a personal injury claimant, you must understand the differences between personal and bodily injury. Furthermore, you must know how your state handles each case; a competent and experienced injury lawyer in your jurisdiction can help. An experienced lawyer will thoroughly understand both concepts and use their knowledge to your advantage.
