Body damage and personal harm are phrases that are frequently used interchangeably. Personal injury and bodily injury are not the same things, though. Body damage is factual, whereas personal harm is a judgement made under the law. Understanding personal injury protection versus bodily injury and the distinction between the two is crucial if you were injured in an accident, particularly a car accident.
If you are unsure about what to do, speak with personal injury attorneys in Philadelphia, PA.
How Do Personal Injuries Happen?
Body damage and personal hurt are not that difficult to distinguish. Any harm to the body is referred to as a bodily injury. Personal injury is the legal term for a claim of damage to someone brought on by another person’s carelessness or other wrongdoing.
Personal injury law aspects
It is simplest to distinguish between a personal injury claim and a bodily injury claim because personal injury is a legal concept with numerous subcategories.
Statute of Limitations
In most cases, you have two years from the accident or occurrence that gave rise to your personal injury claim to make it, excluding any extenuating circumstances.
The defendant will be held liable for the victim’s damages in a personal injury case. The parties are jointly guilty, which results in shared liability.
Burden of Proof
In a personal injury case, the victim is the one who must prove their case. Unlike the “beyond a reasonable doubt” level used in criminal trials, the standard of proof in civil cases is “preponderance of the evidence,” which is significantly simpler to establish.
How Does Negligence Affect a Personal Injury Claim?
Car accidents or medical negligence are only two of the many potential personal injury lawsuit cases. You need to demonstrate the four basic facts (or “components”) to succeed with the majority of personal injury claims:
- A duty of care was owed to you by the defendant. This could be interpreted as a doctor’s obligation to use their professional judgement or as the responsibility to drive safely.
- Defendant made a breach by not taking reasonable care.
- Damages: You have to demonstrate that the defendant’s carelessness caused you harm for which monetary compensation is necessary.
- The damage you experienced had to be the result of the defendant’s negligence.
What Distinguishes Personal Injury from Bodily Injury?
Briefly stated, a personal injury is a legal claim resulting from an injury that is typically (but not always) physical, whereas a bodily injury is a physical injury. It’s crucial to distinguish between bodily injury and personal injury while reading legal papers like your insurance policy.