While bodily injury (BI) and personal injury protection (PIP) help compensate for medical costs after an accident, the terms might mean different things. Bodily injury auto insurance in Indiana protects you from financial responsibility if an accident you cause results in physical harm to another person. In no-fault car insurance states, you can get coverage for medical bills after an accident, no matter who was to blame.
What is Personal Injury?
There is little ambiguity between physiological harm and emotional distress. An individual might file a lawsuit against another party for damages if they were hurt due to that party’s carelessness or wrongdoing. Damage to one’s reputation due to defamation can be just as valid as physical injury when establishing liability in a personal injury lawsuit.
Legal Aspects of Personal Injury
The fact that “personal injury” is a multifaceted legal notion makes it easy to tell it apart from “bodily injury” claims.
The statute of limitations
You have two years from the date of the accident or occurrence that gave rise to your claim, barring any extenuating circumstances.
If someone else causes you harm, you may sue them for money. If there is a common fault, collective guilt must be.
Burden of Proof
The injured party has the higher burden of proof in a personal injury lawsuit. The proof is required just “by the preponderance of the evidence,” far lower than the “beyond a reasonable doubt” level used in criminal prosecutions.
Compensation in Personal Injury
To win a personal injury case, you don’t just have to show that you suffered physical harm and need money to make it all right. The following elements may comprise a complete personal injury claim:
- Consider your medical expenditures and any projected costs of treating a long-term injury;
- Lost wages while recovering from an injury; injuries that prevent you from working in your former career are considered to be “occupational disabilities” bodily pain and suffering;
- Mental agony;
- Loss of pleasure of life; property damage (damage to your car, for example).
In rare circumstances, you can ask for extra money on top of what you were originally owed. If a court decides to impose punitive damages, those sums will be given to the winning party in addition to the compensatory damages already described.
What Is Bodily Injury?
Is a bodily injury the same as a personal injury? The answer is not yes, as we’ve already established. When compared to the notion of “personal injury,” the definition of “bodily injury” is far more restrictive. A broken arm is an example of a localized injury under the umbrella term “bodily harm.” Criminal law and motor liability vehicle insurance are the two areas of law where bodily injury plays a significant role.
If a defendant convicted of criminal assault is found to have inflicted physical harm, for instance, the severity of the punishment may increase. An auto insurance liability policy’s bodily injury coverage limit could be set as high as $50,000.
Legal Aspects of Bodily Injury
When it comes to car insurance, what exactly does “bodily injury” cover? It pays for medical bills incurred by the victims of a car crash, including the other drivers, passengers, and pedestrians. The policy will not pay out if the insured person is found to be partially responsible for the incident.
Remember that physical injury-only policies do not pay for property damage, although practically all car accidents that cause injuries also cause property damage. While limits for property damage and bodily injury coverage may vary, a comprehensive auto liability policy will cover both.
If You Are Responsible
One’s civic security may be compromised if they are found at fault in an accident. Body injury coverage can shield you from legal responsibility if the other driver or passengers experience serious injuries. However, the other party can pursue damages if you do not have bodily injury insurance. Spending money on a lawsuit is risky if you own valuables that could be seized in a verdict.
Compensation for Bodily Injury
For instance, if you were hurt on the job and filed a workers’ compensation claim, you might receive payment for medical expenses and lost wages but not for any emotional distress you may have suffered. The following elements of damages may be included in a settlement for bodily injury:
In the event of an occupationally disabling injury, this automobile insurance extends to cover:
- Lost wages and future lost wages;
- Future medical expenses;
- Future rehabilitation and physical therapy costs;
- Future medical expenses;
Damages for pain, suffering and emotional anguish are not included in a settlement for bodily injuries. More than half of a personal injury settlement is typically allocated to non-economic damages.
“Bodily injury” refers to actual physical harm, while “personal injury” refers to a legal claim based on physical damage that may or may not has occurred. Distinguishing between bodily injury and personal injury is crucial, especially when reading legal papers like your auto insurance policy.
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