Health

Bodily Injury vs. Personal Injury – Key Differences

September 2, 2024

Ever heard someone say, “I sustained a personal injury”? While it’s a common phrase, it’s often used interchangeably with “bodily injury.” But are they really the same thing? Renowned lawyer, Joe Lemus is here to clear up any confusion between the terms. Keep reading!

The use of “bodily injury” and “personal injury” interchangeably is because many lack the deep understanding of both phrases. While they are both referred to as harms suffered by someone, personal injury is more of the legal conclusion, Joe Lemus says.

Moreover, while they can be used interchangeably in casual conversation, the terms have different legal implications. Joe added that understanding the difference can be important in legal proceedings, especially when determining the types of damages or insurance coverage that is appropriate.

Table of Contents

What is Personal injury

Personal injury refers to any harm or damage caused to a person’s physical body, mental health, property or reputation as a result of another person’s negligence. This type of damage may warrant that you file for a personal injury lawsuit and bring the faulty party to book in order to be duly compensated. Situations that called for personal injury lawsuit include:

Physical injuries: Broken bones, cuts, burns, dog bites, concussions, or other physical ailments.
Mental or emotional injuries: Trauma, anxiety, depression, or post-traumatic stress disorder (PTSD).
Loss of earning capacity: If the injury prevents someone from working or reduces their earning potential.
Pain and suffering: Physical and emotional pain experienced due to the injury.
Loss of enjoyment of life: Inability to participate in activities or enjoy life as before the injury.

This is to say that any harm that affects a person’s overall well-being can be considered a personal injury. However, incase of death during an accident, the personal representative of the deceased will have to file for a wrongful death claim instead of a personal injury claim.

Compensation for Personal Injury

The compensation for personal injury can vary widely depending on several factors. It is important to know these factors in order to ensure you are duly compensated.

The severity of the injury: More severe injuries generally result in higher compensation.
The nature of the injury: Physical injuries may be compensated differently than emotional or mental injuries.
The impact on the victim’s life: Factors like loss of earning potential, pain and suffering, and loss of enjoyment of life can significantly influence the amount of compensation.
The legal jurisdiction: Laws and regulations governing personal injury compensation can differ between countries and even between states or provinces within a country.
The evidence presented: The strength of evidence supporting the claim can affect the outcome.

Common types of compensation in personal injury cases include:

Medical expenses: Costs for treatment, medication, rehabilitation, and future medical care.
Lost wages: Compensation for income lost due to the injury.
Future earnings: Damages for estimated future income loss.
Pain and suffering: Compensation for physical and emotional pain.
Loss of consortium: Damages for loss of companionship or intimacy with a spouse.
Punitive damages: In some cases, punitive damages may be required as a punishment to the defendant.

“While at it, It’s important to consult with a personal injury attorney, one that understands what the laws and regulations entails and that can fight for you for compensations, Joe Lemus advises.

What is Bodily injury

As the name suggests, bodily injury refers specifically to physical harm or damage to a person’s body. It is a more limited term than personal injury as it only entails physical injuries or damage sustained by a person. It could be:

Injuries: Broken bones, cuts, burns, concussions, or other physical ailments.
Illnesses: Diseases or conditions caused by the injury.
Disabilities: Long-term physical impairments resulting from the injury.

This is to say bodily injury is a part of personal injury that focuses mainly on the physical harm suffered by an individual, Joe Lemus explains.

Compensation for bodily injury

There are also compensation for bodily injury just like personal injury and it includes several factors such as:

The severity of the injury: More severe injuries generally result in higher compensation.
The impact on the victim’s life: Factors like loss of earning potential, pain and suffering, and loss of enjoyment of life can significantly influence the amount of compensation.
The legalities involved: Laws and regulations governing personal injury compensation can differ between countries and even between states or provinces within a country.
The evidence presented: The strength of evidence supporting the claim can affect the outcome.

Common types of compensation in bodily injury cases include:

Medical expenses: Costs for treatment, medication, rehabilitation, and future medical care.
Lost wages: Compensation for income lost due to the injury.
Future earning potential: Damages for projected future income loss.
Pain and suffering: Compensation for physical pain.

While you might win a bodily injury claim, you might not win a full personal injury case. Bodily injury claims do not include the emotional stress that the victim goes through but personal injury does.