“Bodily injury” and “personal injury” are similar terms often brought up after a car accident. However, they have distinct differences.
The term “bodily injury” refers to physical damage to the body. On the other hand, a personal injury is when someone claims they’ve been hurt by another person’s carelessness or bad behavior. Just to add, a bodily injury could be the basis for a personal injury case.
Understanding the difference between bodily injury and personal injury can come in handy when seeking legal consultation or filing a claim. For further details, feel free to continue reading below.
Legal Side of Personal Injury
One way to know what is the difference between bodily injury and personal injury is by knowing that personal injury is a legal concept with many components.
The Statute of Limitations
Did you know that Louisiana has a specific law that gives you a specific period to take action if you’ve been injured? So, make sure you don’t wait too long, or you could lose your chance to file a claim.
In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.
- 1 year for injuries sustained before July 1, 2024.
- 2 years for injuries suffered after July 1, 2024.
To understand the precise statute of limitations applicable to your personal injury case, it’s advisable to talk with a car accident lawyer. At , our dedicated team is on standby, ready to answer any questions you have!
Liability
When it comes to your personal injury case, we’ll stop at nothing to make the defendant pay up for their mistakes. In other words, we’ll hold them liable for their action.
Burden of Proof
In a personal injury case, the burden of proof rests with the victim, and the standard of proof is a “preponderance of the evidence”, which is less demanding than the “beyond a reasonable doubt” standard used in criminal trials.
Legal Side of Bodily Injury
Bodily injury coverage takes care of physical injuries to other drivers, passengers, and pedestrians involved in a traffic accident. It only applies if the insured is at least partly to blame for the accident.
Compensation in Car Accident Personal Injury Cases
A personal injury claim can include compensation for bodily injury in more than one. It can include compensation for things like:
- Medical expenses
- Future medical expenses if you suffered a long-term injury
- Lost earnings while you were off work due to your bodily injury
- Occupational disability
- Pain and suffering that arises directly from your bodily injury
- Loss of enjoyment of life
- Property damage (damage to your car, for example).
- And more
What Else Could Result in a Lawsuit for Personal Injury?
For future reference, many situations can result in a lawsuit for personal injury, not just car accidents. These include:
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Accidents at work
- Instances of medical malpractice
- Slip and fall accidents
- Mass torts
- Dog bites
- And more
It’s important to note that there are many more scenarios that can lead to a personal injury claim, beyond what’s listed here. Additionally, in cases where someone passes away due to an accident, the personal representative of the deceased person’s estate (if the victim was an adult) or the parents (if the victim was a child) can opt to file a wrongful death claim instead of a personal injury claim.
Insurance Coverage for Bodily Injuries
Bodily injuries are an important aspect of insurance coverage and can involve various incidents, not just car accidents. It can also involve different insurance policies.
Auto Insurance Policies
Bodily injury insurance covers the medical expenses and legal fees of individuals injured in an accident caused by the policyholder. It provides coverage for the injured parties, including medical bills, lost wages, and other related costs. This type of insurance is typically mandatory in most states and helps protect the policyholder from lawsuits or legal claims.
Health Insurance Plans
When it comes to health insurance, bodily injuries typically refer to physical harm caused to an individual’s body. This can include broken bones, nerve damage, spinal cord injuries, and other forms of physical damage. Health insurance plans often cover the medical expenses related to these bodily injuries, ensuring that the injured party receives appropriate medical care without having to bear the full financial burden themselves.
Homeowner’s Insurance Policies
In the event of an accident or injury on a homeowner’s property, these insurance policies can help cover medical expenses, including hospital bills, doctor visits, and rehabilitation costs. Additionally, homeowner’s insurance may also provide coverage for legal expenses in the case of a personal injury lawsuit.
Why Choose Gordon Mckernan Injury Attorneys?
At , we can help you navigate the civil claims maze to maximize the amount of compensation you receive.
- 679+ years of combined legal experience
- 200+ Personal Injury Million+ verdicts and settlements
- $3 Billion
When you choose us, you also gain access to our [sc name=”g-guarantee”][/sc] — meaning, we don’t get paid unless YOU win!
Don’t Wait—Get Gordon and Get it Done!
In Louisiana, bodily injury insurance is required by law for every driver. Each vehicle covered by car insurance in Louisiana must have
- $15,000 for bodily injury to one person
- $30,000 total bodily injury coverage per accident
- $25,000 property damage coverage
This means that if you’re involved in a Louisiana car accident, your bodily injuries could be covered by the other driver’s insurance up to $15,000. However, many of our clients receive injuries costing far beyond that figure, which is why they have to sue the other party to receive the compensation they deserve.
That gap between insurance coverage and the true cost of many car accident injuries is why personal injury law firms like ours exist. We’re here to help victims of car accidents recover the compensation they need to pay for their injuries. Call us today for a free consultation about your situation.
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