You often hear these two terms when a person gets hurt. While some people tend to use personal injury and bodily injury interchangeably, these two terms have completely different meanings. Here’s what you need to know about the legal definitions and implications of personal and bodily injury.
What is personal injury?
Personal injury is an element of civil law. A personal injury claim compensates victims of accidents or social mistakes, such as defamation of character. The plaintiff in a personal injury claim is the injured person. In cases where an accident results in the death of the victim, the plaintiff is the representative of the deceased’s estate. The defendant in a personal injury lawsuit is the person whose negligence caused injury or loss to the victim. When the defendant declares guilt on another party, the other party is known as a cross defendant.
Legal aspects of personal injury.
In Nevada, you must file a personal injury claim within two years of the accident. If you do not make a claim within this window of legal limitation, you may lose the right to file a personal injury claim.
The other legal issue that arises in Nevada personal injury cases is the question of liability. There are cases where a jury can find that the plaintiff was partially or wholly at fault for his injuries or the accident. Nevada uses a special rule known as a modified comparative fault. Under this legal concept, the compensation that an injured person can receive is reduced by their share of liability for an accident. Another crucial aspect of this rule is that if the injured party is found to be responsible for more than 50 percent of the accident, they will no longer be entitled to recover damages in the lawsuit.
Burden of proof
The burden of proof in a personal injury case is relatively low compared to criminal cases, as these cases focus on compensating the plaintiff for their losses or injuries. To receive compensation, the plaintiff in a personal injury case must show that the defendant acted negligently.
What are the elements of negligence in a personal injury claim?
Personal injuries can arise due to defective products, car accidents, premises liability, professional negligence, nursing home abuse, and many other incidents. In most of these cases, the accidents are unintentional, but are the result of the negligent or negligent actions of the defendant. The main elements of negligence you must prove in a personal injury claim are:
- That the guilty party owed a duty of care.
- That the defendant did not fulfill his duty of care towards you.
- That the direct cause of your losses or injuries was due to the actions of the responsible party.
- That the damages resulted from the actions of the guilty party
While the legal duty of a defendant may vary depending on one’s jurisdiction and the circumstances involved, everyone is required to do everything in their power to prevent accidents. For example, drivers must not operate vehicles while drunk, shopping malls must have dry floor surfaces that do not have residue that can cause slip and fall accidents , and manufacturers must not supply defective products.
Compensation in personal injury cases
Damages given in personal injury cases are classified as economic and non-economic damages. Economic damages are calculated based on one’s actual losses. They include medical bills, lost wages, out-of-pocket expenses, and rehabilitation costs. Non-economic damages are difficult to assess. A good example of non-economic damages is pain and suffering. Nevada places limits on noneconomic damages awarded in medical malpractice claims. The cap on compensation for non-economic damages in these cases is $ 350,000. However, there is currently no limit for noneconomic damages in other types of cases, including car accidents.
What is bodily injury?
Bodily injury differs from personal injury because it involves a particular injury to a person’s body caused by another person. The term refers to specific injuries sustained. Although this term is most commonly used for injuries in criminal cases, there are also bodily injury implications when it comes to insurance.
Legal aspects of bodily injury
Bodily injury typically arises in the context of insurance in reference to motor vehicle insurance. For example, Nevada’s concept of bodily injury means that you will claim medical coverage from the at-fault driver after a car accident . Bodily injury liability insurance compensates for injuries to other drivers, passengers, or pedestrians in cases where the insured is liable for an accident. This compensation will be provided for the particular injury involved.
Compensation for bodily injury
hen you suffer a bodily injury, you are entitled to receive compensation for out-of-pocket expenses, lost wages, loss of income, medical expenses, treatment procedures such as X-rays, therapy costs, and transportation to the hospital. Although it is possible to receive compensation for pain and suffering, this is complicated when it comes to bodily injury, as it is generally reserved for physical injuries. In bodily injury cases, one can claim future expenses and losses. These damages arise when a person has serious injuries that can negatively affect her life for a long period of time. Under these costs, you can receive compensation for future loss of income, disfigurement, future therapy, permanent disability, and impairment.
Personal injury involves any type of injury sustained in accidents. These types of injuries can arise from car accidents, slip and fall accidents, defective products, or wrongful death claims. On the other hand, bodily injuries are more limited and can involve injuries sustained by another person, usually in a car accident. In an insurance context, bodily injury is a form of insurance policy that compensates accident victims through the at-fault party’s insurance policy. If you are in a situation where you have been injured, it is important to hire a Las Vegas personal injury attorneyto help you navigate the complex damage recovery process. Insurance companies are well versed in different tactics to ensure they pay the least amount possible. A personal injury attorney can use their experience to obtain a settlement that is commensurate with the injuries you sustain. Don’t risk your right to a fair resolution, schedule your free consultation today.