The Types of Personal Injury Claims
As a personal injury attorney, I receive many phone calls every week asking about the difference between personal and bodily injury. The answer to this question is actually rather simple. Bodily injury refers to damage or injury to one’s body, while personal injury refers to damage or injury to one’s emotions, mind, or spirit. If you are reading this article, it is probably because you are suffering from some type of injury that either your body or your emotions have suffered as the result of another person’s, company’s, or government’s negligence.
One common example of a personal injury in a car accident. Perhaps you have been in a car accident that was caused by another driver, highway, or bridge accident, or perhaps it was caused by a vehicle that was poorly maintained. Regardless of the cause of the accident, one thing is for sure. In most cases, the damage or injury was caused by someone else’s carelessness or negligence. So, what is the difference between personal injury and bodily injury?
Bodily injury, unlike personal injury, does not need to be proven. Therefore, there is no need to establish that the harm caused was caused by a person’s negligence or carelessness. For instance, consider a child who is playing on a trampoline. The trampoline may have been malfunctioning or unsafe due to poor installation. Or, take another example. If a police officer pulled you over for speeding, instead of finding out that you are free to go, the officer could convince you that you caused the accident by driving recklessly through heavy traffic.
Bodily injury can occur in a number of different situations. For example, if you suffer from a broken bone, dental work, or some other type of severe physical injury, those damages can be awarded by a jury in a court of law. However, if the jury were to find that you caused the damage through your own negligence, you would most likely suffer no damages at all.
When a person is injured via a defective product, they are able to sue for personal injury damages. This is because the state protects people from defective products causing injury or damage. In fact, this type of injury is one of the most common types of cases filed in a consumer court. Many products have been found to be defective for one reason or another, which results in a lawsuit for personal injury damages.
This being said, personal injury claims are different from other types of lawsuits. People filing these types of cases must prove that the injury has been caused by a third party’s negligence, recklessness or deliberate actions. In order to receive damages, the plaintiff must also prove that the defendant knew of the defect or poor quality of product and did nothing to correct it. These cases often require the testimony of witnesses who can corroborate the victim’s claims. Sometimes, the plaintiff is even allowed to call his or her own witnesses if the defendant fails to produce any records.
If the victim is able to prove that he or she sustained personal injury due to the fault of another party, he or she may be able to receive compensation for emotional and physical damage as well as medical expenses. It is important to note, however, that even if you do receive damaged, it does not always mean that the defendant will be held responsible for the damage. It is also possible for you to receive compensation for property damage (which usually covers the cost of repair or replacement of the property) but not for lost wages or other direct financial loss. There are also a few special cases that apply only to this type of personal injury claim and will not include any damages from the property.
You should also be aware that most states have what is called an absolute liability clause. This means that the defendant cannot escape responsibility for any damages that occur as a result of your personal injury claim. For example, if you sustain an injury at someone’s home, it is likely that you will be able to recover damages from that house. However, if you sustain injuries at another person’s home and that person is held liable for those injuries, he or she can escape liability by asserting an absolute liability clause in your lawsuit. This is a way for them to avoid paying damages because in many instances they would be forced to do everything possible to avoid paying.