Difference between Bodily Injury and Personal Injury-converted

1. Difference between Bodily Injury and Personal Injury

2. The terms “personal injury” and “bodily injury” often come up when accidents occur. The two terms have different meanings although most people use them interchangeably. Accident survivors should be aware of the basics and the difference between personal injury and bodily injury to avoid exploitation. Personal and bodily injury are often and understandably confused because they’re founded on common statutes and their aspects, including legal definitions, applications, and implications are usually similar. If you or a loved one is an accident survivor anywhere in Bakersfield, you should involve a personal injury lawyer in Bakersfield to help you recover damages for your loss. Personal Injury Personal injury claims are resolved through civil law and they focus on compensating casualties of accident injuries or social injustice, such as defamation (libel and slander), and character assassination. A Plaintiff in a personal injury action is the injured person or a person who files an accident claim while a defendant is the accused. Where wrongful deaths are involved, the plaintiff is a third party since they act on behalf of the deceased. The negligence of the accused is assumed to have caused the plaintiff’s loss or injury, however, the plaintiff must prove the allegations. A defendant can pass on the buck to a third party–cross-defendant, if “alleged negligence” was influenced by the actions of the third party.

3. Features of Personal Injury Statutory Limitations Statutory limitations provide a guideline for filing legal actions from the time accidents happen. Statutes of limitation can vary by state but it averages 3 years in most jurisdictions. Failing to file a claim within the window provided by the statutory limitation can cost a personal injury lawsuit. Liability Establishing liability is pertinent to personal injury lawsuits and it’s a major factor in determining the guilt or innocence of a defendant or accused. The accused can be partially or wholly responsible for an accident. Some states use the principle of modified comparative negligence where damages awarded are proportionate to the degree of responsibility. In simple terms, the award of a plaintiff is reduced by their rate of contribution in the accident but if the plaintiff’s fault exceeds 50 percent, they might lose the case, including recoverable damages.

4. Burden of Proof The burden of proof rests with the plaintiff to prove losses or bodily injuries. A plaintiff must substantiate their claims with evidence and facts to qualify for damages in personal injury cases. For instance, they must show that the accused was negligent, or failed to act as reasonable people would have acted in similar situations. Personal injury helps resolve accidents related to defective or harmful products, auto accidents, workplace injuries, professional malpractices, medical negligence, nursing home abuse, and much more. Accidents are typically not premeditated or intentional but are caused by the carelessness or negligent actions of the accused. Plaintiffs must prove the following elements in personal injury claims: The accused owed a duty of care to the plaintiff The accused breached their duty of care That injury or loss is directly related and was caused by the negligence of the defendant Compensation in Personal Injury Cases Recoverable damages in personal injury actions are two; economic or non-economic damages. Economic damages focus on an accident casualty’s actual losses, including medical expenses, lost wages or earning opportunities, out-of-pocket expenses, and rehabilitation costs. Non-economic damages are not easy to value by they should be capable of compensating casualties for emotional anguish and pain & suffering. An accident lawyer in Bakersfield can however help you arrive at a reasonable figure.

5. Bodily Injury Bodily injury is a component of personal injury addressing specific physical injuries caused by the negligence of another party or entity. This term (bodily injury) is common in criminal lawsuits involving assault but it also features in personal injury related to physical injuries. Traits of Competent Personal Injury Lawyers The following are some of the top qualities that competent personal injury lawyers must have: Personal injury lawyers must be role models possessing the following qualities: Proactive Ability to research and discover new and ideal solutions Practicability Reliable, available, and trustworthy. Honest and oozes confidence. Helpful in different other matters (multi-tasking). Competent attorneys give off positive energy and exude confidence to motivate clients when a case is experiencing difficulties. Your lawyer should possess good organizational skills with the following qualifications: Management skills. Competent at file management Working methodically. Time conscious and able to meet targets & deadlines.

6. Passionate Great communication abilities with the following qualifications: Proficient in English, written and verbal. Proficient at emailing, video calling, telephone communications. Attentive and keen Competent lawyers must be able to capture facts and details fast. You should contact a personal injury lawyer in Bakersfield for free consultation and evaluation of your case if you’re an accident casualty. Getting justice is your legal right.

7. source- https://www.topicstalk.com/difference-between-bodily-injury-and-personal-injury/