Have you ever wondered if the difference between personal injury and bodily injury is a real thing? You might not have to wonder any longer because there is some solid legal research to show that the answer is “yes.” However, personal injury is going to always be considered as merely an “injury,” while bodily injury is going to be treated as if it were an “accident.” In other words, it is important to understand exactly what these distinctions really are in order to get the right personal injury attorney.
The truth of the matter is that most people don’t have much of a clue about the difference between the two. Unfortunately, this can be why personal injury lawyers are rarely successful with their clients. It is because they simply do not fully understand the legal differences between personal and bodily injury law.
One of the most fundamental distinctions is the distinction between what is known as a “personal injury” and a “bodily injury.” This distinction is actually one of the first things that you will learn when you seek the advice of a personal injury lawyer. A personal injury lawyer will attempt to convince you that there is a big difference between the two.
Unfortunately, personal injury lawyers have a very difficult time convincing you that there is a big difference. You see, it is easy for them to point out the obvious – like that a broken arm is a broken arm. However, they have a harder time justifying that it isn’t broken in comparison to a broken bone. This is due to the fact that there are many parts to a human body. While broken bones are certainly more noticeable, it is still not nearly as bad. As such, it makes sense for you and your personal injury lawyer to take a more logical approach to deciding which case you are going to file.
On the other hand, a bodily injury attorney has a much easier time of making the point that you should be able to enjoy legal protection even if you do suffer some damages from another person’s negligence. Without this protection, you would have no recourse in order to get compensation for your injuries. Without a bodily injury lawyer, you would simply have to accept whatever the insurance company pays your claim. While your particular injury may have been caused by another’s negligence, you still have a case against the negligent party.
To begin with, a personal injury case must prove both negligence and damages. Negligence requires that the defendant had a duty of care towards you that they failed to fulfill. Damages requires that you have actually been harmed in some way due to the defendant’s negligence. These are two legally distinct points. One can argue that a car accident may warrant a personal injury lawsuit but a slip and fall on the other hand would not.
The difference between a car accident and a slip and fall lies in the fact that a car accident is usually a result of someone else’s negligence. This might include traffic mishaps, defective products, bad weather, etc. A slip and fall, however, usually stem from an individual’s own negligence. The damages in this instance would simply involve medical bills, which are often hard to prove in a court of law. The difference between a car accident and a slip and fall rest in the fact that a car accident will result in some form of bodily harm to the victim, while a slip and fall usually results in more aesthetic damage.
Finally, it is important to point out that there are many differences between the two cases. While a personal injury lawyer can represent your case in court, a slip and fall lawyer most likely will not. Slip and fall attorneys usually deal with cases involving injuries caused at home, on the job, or through accidents. Personal injury lawyers are typically experts at handling cases that fall under a variety of these four categories.