When you’ve been hurt in an accident, legal terms start getting thrown around quickly. Two of the most common? Bodily injury and personal injury. They sound similar, but they’re not the same. Understanding the difference could make a major impact on your claim.
Whether you’re dealing with insurance adjusters or considering a lawsuit, knowing how each term is used can help you avoid leaving money on the table. This post breaks down what bodily and personal injury mean under California law and how each one affects the compensation you may be entitled to.
What is Bodily Injury?
“Bodily injury” refers specifically to physical harm sustained in an accident. This term is often used in insurance policies, particularly when describing what one’s liability coverage will pay if you injure someone else.
Examples of bodily injury include:
- Whiplash
- Cuts or lacerations
- Broken bones
- Traumatic brain injuries
- Internal bleeding
While insurance adjusters may push for a settlement agreement over bodily injuries, it is always advisable to consult seasoned personal injury and wrongful death attorneys in Los Angeles. Their legal expertise will help in negotiations to ensure you are not taken advantage of.
What is Personal Injury?
Personal injury is a broader legal term. It includes bodily injuries but also covers emotional distress, pain and suffering, and loss of enjoyment of life caused by an accident. For example, if you suffer anxiety or PTSD after a car accident, that could fall under personal injury, even if there is no physical wound.
Personal injury claims also account for medical and rehabilitation expenses, loss of income, and funeral and in some cases, burial expenses should the injury lead to a wrongful death.
Why the Difference Matters
Insurance companies typically treat these terms differently. Bodily injury often refers to the coverage the company owes others if you cause the accident. Personal injury claims, on the other hand, cover compensation for physical and emotional injuries, along with other damages.
If you are filing a personal injury claim in California, understanding these terms can impact how much compensation you seek. A bodily injury claim might only cover your onset injury, while a personal injury claim could also cover lost wages and emotional suffering. When dealing with insurance after a car accident, understanding the difference between bodily injury and personal injury becomes crucial.
Take this example: you get rear-ended at a stoplight and walk away with whiplash, that’s bodily injury. But maybe afterward, you find yourself nervous about driving or even getting into a car again; that’s emotional distress, which falls under personal injury. A personal injury claim can help you recover for both the physical and emotional toll.
Because these cases can be complex, plaintiffs should consider contacting a top personal injury attorney in Los Angeles for legal guidance on the types of damages they may be eligible to claim.
Frequently Asked Questions
- Does bodily injury include emotional distress? No. Bodily injury refers to physical harm or injury, like cuts, broken bones, or whiplash. Emotional distress, such as anxiety or PTSD, after an accident, falls under personal injury. Understanding the difference can help you seek the full compensation available.
- Can I file a personal injury claim if I wasn’t physically hurt? Yes, in some cases. Personal injury doesn’t always require physical harm. For example, if you’ve experienced emotional distress after a traumatic event, like witnessing a severe accident, you might still have grounds for a personal injury lawsuit.
How does bodily injury coverage work in California? If you happen to cause a car accident, your bodily injury liability coverage helps cover the other person’s medical bills. But in California, the required coverage limits are often too low to handle serious injuries. That’s when a personal claim may be necessary to recover the full compensation deserved.
Schedule a Free Consultation With the Best Personal Injury Lawyer – Los Angeles
Understanding the difference between bodily injury and personal injury can help you protect your rights and maximize potential compensation. If you’ve ever been hurt in an accident, contact our Los Angeles personal injury law firm for a free consultation. John J. Perlstein has over 25 years of experience helping clients secure fair outcomes. Call us at (213) 583-5786 or fill out our online form to connect with the best personal injury attorney in Los Angeles.