You often hear the terms “personal injury” and “bodily injury” when someone gets hurt or is involved in an accident. Although people sometimes use these terms interchangeably, they actually have different meanings. So, what exactly is personal injury, and what is bodily injury?
Let’s take a closer look at the legal definitions and implications of both.
“Bodily injury” is commonly used in criminal court cases when referring to the injuries sustained by a crime victim. For instance, someone who becomes a victim of assault or another violent crime may suffer bodily injuries as a result of the attack.
In an insurance context, bodily injury refers to a form of insurance policy that compensates accident victims through the coverage of the at-fault party. However, it is also a broad term used to describe physical injuries to a person.
On the other hand, “personal injury” is most frequently used in civil cases. This term encompasses all the costs a victim incurs after an accident or wrongful death, including both physical and emotional damages. The key difference lies in the type of damages that can be recovered in a personal injury claim, which may include non-economic damages.
If you’ve been hurt in an accident, you may be entitled to compensation.
Contact our team today for a free consultation.
What is Considered Bodily Injury?
Bodily injury refers to physical damage to a person’s body, such as:
- Cuts, scrapes, lacerations
- Bruises
- Burns
- Broken bones
- Internal bleeding
Bodily injury is a narrower term than personal injury and generally implies physical injuries sustained by another person or in an accident.
What are the Legal Aspects of Bodily Injury?
A bodily injury claim usually arises in the context of motor vehicle insurance or premises liability insurance claims. For example, it could mean that victims can seek medical coverage from a property owner after suffering injuries due to dangerous conditions on the property.
Furthermore, bodily injury liability insurance compensates for injuries suffered by other drivers, passengers, or pedestrians when the insured is at fault in a car accident. This compensation is specific to the injury involved in the insurance claim and differs from property damage liability coverage.
What is Considered Personal Injury?
Personal injury falls under civil law. By filing a legal claim, accident victims can seek compensation for:
- Medical bills related to physical injuries
- Rehabilitation costs
- Property damage
- Lost wages
- Mental and emotional distress
- Pain and suffering
Accident victims should never have to bear the burden of medical costs out of pocket.
Contact our team to learn how we can help.
What is a Personal Injury Claim?
Common types of personal injury claims include:
- Car accident claims
- Truck accident claims
- Motorcycle accident claims
- Pedestrian accident claims
- Slip and fall claims
- Defective product claims
- Medical malpractice claims
A personal injury claim provides compensation to victims of accidents or social wrongs, such as defamation of character. In these cases, the plaintiff is the injured person, while the defendant is the party against whom the claim is brought.
What are the Legal Aspects of Personal Injury?
1. Statute of Limitations
In most cases, Arizona law requires victims to file their claim within two years from the time of the accident. Failing to make a claim within this statutory limitation window may result in the loss of the right to seek compensation.
2. Liability
Another legal issue that arises in personal injury cases in Arizona is the question of liability. There are cases in which a jury may conclude that the plaintiff shares some or all of the fault for their injuries or the accident. Arizona follows a rule called “comparative negligence.”
According to this concept, an injured party is allowed to recover compensation even if they are partially at fault for the incident in question. Arizona law allows for a person to recover compensation even if they are up to 99% at fault for the incident.
2. Burden of Proof
The burden of proof in a civil case is relatively low compared to criminal cases because the focus is on compensating the victim for their losses. To receive compensation, the victim must show that the other party’s negligence caused the accident. In other words, the responsible party did not act as a reasonable person would have in the same situation.
Why Work with a Personal Injury Lawyer?
No matter what type of injury you suffer after an accident in Mesa, Arizona, it’s important to work with a qualified personal injury attorney who can help you navigate the complex process of seeking damages. Insurance companies are well-versed in tactics to minimize the amount they pay, so having a lawyer by your side can ensure you receive the maximum compensation for your losses.
Consider hiring a lawyer with expertise in personal injury cases.
Schedule a free consultation with one of our experienced attorneys at Arizona Accident Solution to get started.
e more than 5 million car accidents in the United States each year, with 43% resulting in injuries?
When you find yourself in a car crash, it can be overwhelming and easy to forget what steps to take afterward. It’s crucial to be prepared beforehand so that you know what to do in such a situation.
Here’s a guide on what to do at the scene of a car crash to make the process more manageable.
Check for Injuries and Ensure Safety
If there are serious injuries, immediately call 911 and the police. Even for minor accidents, it’s best to contact the police. In some states, it’s a legal requirement to report accidents.
In Arizona, you must report an accident if it causes injury, death, or significant vehicle damage. If the police don’t arrive at the scene, you’ll need to go to the nearest police office to file a report.
If the vehicles are still drivable, turn on the hazard lights and move them to a safe location. Use flares or emergency cones, if available, to warn other drivers. Make sure everyone stays away from any smoke or flames.
Exchange Information With the Other Driver
Once you’ve confirmed everyone’s safety, exchange information with the other driver involved. Limit communication and focus on gathering necessary details. Avoid admitting guilt, blaming the other driver, or discussing insurance policy limits to prevent complications regarding liability.
Collect information such as:
- Driver’s license
- Registration
- Insurance company and policy number
- Telephone number
- Police officer’s name and badge number
- Police report number
- Witness contact information
- Determine vehicle ownership
- Vehicle make and model
Document the Accident Scene
Thoroughly document the accident scene. Take pictures, videos, or voice recordings of everything you see.
Start by photographing the damage to both vehicles from various angles. Capture the position of the vehicles in relation to the road, any skid marks, and property damage. Note the street names, exact time, and date of the accident. If possible, create a diagram of the crash scene.
Remember that some insurance companies, such as Allstate, offer smartphone apps to help document accident details and upload pictures.
Contact Your Insurance Company
Regardless of fault, you may need to contact your car insurance company when another driver is involved. Failing to file a claim while the other driver does may result in a loss of insurance coverage for the accident.
Find the claim information on your insurance card and start the claim process online, which is usually straightforward.
Get a Medical Checkup
Don’t dismiss any potential injuries, even if they seem minor. Seek a medical evaluation, as some injuries may not show immediate symptoms. Conditions like whiplash, concussions, back injuries, and post-traumatic stress disorder (PTSD) can manifest later.
Take photographs of any visible injuries and their progression over time.
Contact an Experienced Personal Injury Lawyer
It’s advisable to consult with an experienced personal injury lawyer after your accident for legal guidance. They can help navigate potential complications, such as determining fault and dealing with insurance companies.
Choose an attorney who specializes in personal injury cases and has knowledge of Arizona law.
Find an Experienced Attorney After Your Car Crash
After a car crash, it’s essential to avoid handling everything on your own. Arizona Accident Solution is here to assist you with your personal injury legal needs. We specialize in various areas, including car accidents, motorcycle accidents, and truck accidents.
Contact us for a free initial consultation. We can help you seek the compensation you deserve and alleviate the stress associated with a car accident.
