The terms bodily injury and personal injury are used interchangeably when an accident occurs. However, there are notable differences between the two when injury liability coverage is taken into consideration. Medical review services are essential to review the medical records of the plaintiff and estimate the financial compensation by calculating the economic and non-economic damages. The terms bodily injury and personal injury sound similar, but the legal implications while claiming compensation vary.
What is bodily injury?
Bodily injury is a specific physical damage a victim has sustained due to the negligence and actions of the other individual. It includes:
- Bone fractures
- Cuts, abrasions, burns
- Disfigurement of the body parts
- Physical pain
- Sickness
- Internal bleeding
- Bruises and lacerations
A bodily injury insurance claim covers the following:
- Medical expenses incurred for emergency care services, ongoing patient care costs and hospital expenditure.
- Income or wage loss due to the ongoing medical treatment.
- Out-of-pocket expenses, if any.
- Legal fees, if the other party sues the plaintiff for the injury. It covers the cost of hiring legal defense including court fees.
- In certain cases, victims can claim compensation for prolonged pain due to the accident.
Bodily injuries are usually referenced in criminal cases when the injuries sustained by the victim are caused due to physical assault or such crimes. The severity of the injury is assessed by attorneys with the help of medical records as they contain important data regarding the treatments received by the victim. The legal implications of bodily injury depend upon the place of occurrence of the accident.
What is personal injury?
Personal injury is defined as any injury that occurs in an accident, including physical, mental or emotional damage. It is an element of civil law unlike bodily injury which is considered under criminal law. In a personal injury lawsuit, the plaintiff is the injured and the defendant is the person against whom the lawsuit is filed. Medical review services can help attorneys litigate the cases successfully by segregating the unsaid facts from the medical records.
What are the grounds on which compensation for personal injury is claimed?
- Negligence is the common reason for personal injury claims. It stems from an individual’s failure to meet a standard of behavior to protect the society against unreasonable risk. Negligence is usually alleged in tort litigations.
- In Strict liability, the defendant is held responsible for the personal injury regardless of his/her intent or mental state due to which the accident occurred. For example, in product liability cases, the manufacturers are held responsible even though they have no direct role in causing injury to the victim.
- Intentional act of the defendant to cause injury like physical assault, false imprisonment, infliction of emotional distress.
Personal injury cases that harms the victim physically:
- Road accidents
- Workplace injury
- Defective product
- Medical malpractice
According to Cornell Law School, personal injuries that cause emotional damage are:
- Intentional infliction of emotional distress
- Defamation
- False detention, arrest, or imprisonment
- Malicious prosecution
- Invasion of privacy
Compensation in personal injury insurance claims covers the following:
- Medical expenses, which include treatment cost the victim incurred right from the ER. The charges incurred for diagnostic test results are also covered.
- Missed or lost wages
- Expenses incurred due to pain and suffering
- Transportation expenses
- Expenses incurred due to mental trauma
In personal injury lawsuits, attorneys have to prove that the defendant has breached the standard of care that has to be given to the victim. A personal injury insurance claim doesn’t consider the party at fault but covers the expense of your injuries. In such demanding circumstances, medical record review for personal injury law firms is essential to examine the validity of the case. Medical record review and summary are vital for attorneys to assess the gravity of the injury and its impact on the life of the victim.
Key Differences Between Bodily Injury and Personal Injury
Personal injury insurance covers the injuries regardless of who caused the accident. Bodily injury insurance covers the expenses of the injured party if another is at fault.
It refers to a specific type of damage that includes emotional damage. Bodily injury takes into consideration only the physical injury suffered by the victim
It refers to a specific type of damage that includes emotional damage. Bodily injury takes into consideration only the physical injury suffered by the victim Personal injury insurance covers the injuries regardless of who caused the accident. Bodily injury insurance covers the expenses of the injured party if another is at fault.
| Personal injury is a type of civil claim | Bodily injury claims are sometimes referenced in criminal court cases |
| It refers to a specific type of damage that includes emotional damage. | Bodily injury takes into consideration only the physical injury suffered by the victim |
| Personal injury insurance covers the injuries regardless of who caused the accident. | Bodily injury insurance covers the expenses of the injured party if another is at fault. |
Bodily injury is a subset of personal injury and therefore filing of lawsuit requires closer analysis of the injury suffered by the victim. Analyzing voluminous medical records is overwhelming and tedious. Attorneys can channelize their efforts and time for preparing for the litigation by relying upon a medical review services company.
