Although the terms bodily injury and personal injury can be used interchangeably in the legal field, the differences in meaning between the two words are crucial when discussing claims and lawsuits. A single word difference can have a lifelong impact.
Understanding the difference is crucial for several reasons including the amount of compensation you might be eligible for, the legal strategy you might use, and which insurance coverage might apply for your injuries. So, while these terms both consider the nature and severity of your injuries, it is critical that you understand the difference so you can protect your rights.
What is Bodily Injury?
Bodily injury refers to physical harm or damage done to a person, typically resulting from an accident or intentional act by another person. It encompasses both visible injuries as well as internal physical injuries and can include injuries that impact a person’s health and/or mobility or physical function.
In Alberta, bodily injury is also a term used with respect to auto insurance claims. Insurance companies provide policy information which indicates if coverage is provided and the extent of it.
What is an example of bodily injury?
Bodily injury can range from minor physical injuries to catastrophic injuries. Examples of bodily injury can include cuts, bruises, broken bones, head injuries, burns, physical trauma, and temporary or permanent disability. While the list is non exhaustive, keep in mind that bodily injury is strictly physical harm a person has sustained.
Bodily Injury Auto Insurance Claims in Alberta
In Alberta, bodily injury is also a term used with respect to auto insurance claims. Insurance companies provide policy information which indicates if coverage is provided and the extent of it. This may pay a specific amount which is often dependent on the different types of medical treatment provided and the severity of the injury.
Third party liability coverage compensates individuals for bodily injuries including coverage for medical bills, lost wages, rehabilitation costs, and legal fees. Minor injuries, like sprains and strains, will typically be categorized under the “cap system”. The “cap” refers to the Minor Injury Regulation’s maximum compensation that can be claimed for minor injuries sustained in a motor vehicle accident (MVA). Though remember that even though there’s a cap, this is a complex area of law and your injuries may not fall under the cap.
An individual sustaining injuries like fractures or a brain injury may be eligible for significantly higher compensation. This is why it’s very important to speak with a personal injury lawyer before agreeing to a settlement after a motor vehicle accident.
Regarding motor vehicle accidents, bodily injury claims arise when a party is physically injured due to the negligence of an at fault driver. You should consider pursuing a bodily injury claim in the following circumstances:
- You suffered physical harm.
- Your incurred significant medical expenses
- You suffered from a loss of Income or earning capacity.
- The injury has long term effects which reduce your quality of life.
In any event where your injuries have resulted in significant expenses, financial losses, and ongoing chronic pain, it is essential to pursue a bodily injury claim. In securing fair compensation, understanding bodily injury in auto insurance claims is necessary to protect your rights.
What is Personal Injury?
Personal injury refers to harm or damage sustained by a person due to the negligence or wrongdoing of another party. This harm can include physical, emotional, and mental suffering. Personal injury claims do not just include injuries from a motor vehicle accident. It extends to many other injuries including slip and falls, medical malpractice, or workplace injuries.
Examples of Personal Injuries
Examples of personal injury include, but are not limited to, broken bones, brain injuries, cuts and bruises, post-traumatic stress disorder, anxiety, depression, or emotional distress.
Personal Injury Lawsuits in Alberta
Personal injury lawsuits in Alberta are designed to compensate individuals who have been wrongly injured by another party. A personal injury claim seeks fair compensation for rehabilitation and medical expenses, lost wages, pain and suffering, out of pocket expenses, and to offset the costs and ongoing impact of psychological injuries.
In Alberta, a personal injury claim follows certain steps outlined in the Limitations Act, which requires filing a claim within two years from the date of the accident.
You should consider pursuing a personal injury claim if you have sustained any injuries due to the negligence of another party. Compensation is not limited to physical injuries, it can also include pain and suffering mentally and emotionally. The courts recognize that emotional distress and psychological injuries may be just as damaging as physical injuries. If you experience losses and physical and mental injuries from the accident, speak with a personal injury lawyer to see if you’re eligible for fair compensation. Your initial consultation is free with James H. Brown and Associates.
Key Differences Between Bodily Injury and Personal Injury
While both terms are similar in nature, personal injury is much more broad than bodily injury as it includes both tangible and intangible harms. Essentially, bodily injury is physical harm while personal injury is a legal claim arising from harm, both physically and mentally. This is critical when understanding the scope of each coverage.
What is the difference between personal injury and injury?
In Alberta, bodily injury is covered by auto insurance polices under liability coverage. In the event you are injured in a motor vehicle accident by an at fault driver, their bodily injury insurance can cover medical expenses, lost wages, and rehabilitation costs.
Bodily injury auto accident liability typically covers physical injuries to a person involved in a traffic accident. Bodily injury coverage is designed to protect drivers if they’re involved in an accident resulting in physical harm.
Personal injury is not limited to physical harm and may be more complex. Injured parties can seek compensation for emotional distress, psychological trauma, or loss of enjoyment of life, among other things. Compensation may be higher in these personal injury cases as they involve psychological or emotional harm.
When and Why Legal Advice is Essential
Understanding the difference between bodily injury and personal injury is critical in determining fair compensation and the appropriate course of action. By failing to learn about the difference, you may be deceived into accepting a settlement that is unjust.
On the other hand, if you work with a legal team experienced in personal injury claims, you’re in a better position to protect your rights.
The team at James H. Brown offers great support throughout the legal process and can help you navigate the complexities of your case. Our lawyers will work to get fair compensation for your injuries, lost wages, and out of pocket expenses.
Injuries can have permanent effects on you and your family. Seek legal help from an experienced team, starting with a free consultation.
