Bodily injury claims are a common part of car accident cases
If you have been injured in an accident or suffered some other type of physical harm, then you may be wondering what a bodily injury is. The legal concept of “bodily injury” is the physical harm suffered by someone due to another person’s negligence or intentional act.
Bodily injury can range from minor ailments and aches to more serious conditions such as broken bones, head injuries, and burns. In some cases, the effects of a bodily injury can be long-term and cause permanent damage.
At a Fletcher Law, our experienced car accident lawyers understand the seriousness of bodily injuries and work hard to get our clients the compensation they deserve. In this blog post, we'll provide an overview of what constitutes a bodily injury and how it’s handled in court proceedings.
Understanding Bodily Injury
When it comes to personal injury law, understanding bodily injury could be the difference between a successful case and a failed one. So what is a bodily injury?
In short, bodily injury is an injury to the physical body of an individual, due to the wrongful conduct or negligence of another person. This can include things like:
- Physical trauma such as cuts, lacerations, broken bones or bruises
- Invasive medical procedures that require surgery or may even lead to disability
- Mental anguish caused by physical injuries.
In fact, most definitions of "bodily injury" include mental and emotional distress such as anxiety or depression. This means that if you’ve been physically injured and are struggling with mental health issues due to the incident in question, you may be eligible for compensation for your emotional distress as well as your physical injuries.
Common Causes of Bodily Injury
Bodily injury often occurs due to the negligent or intentional acts of another party. Common causes of bodily injury include:
- Car accidents
- Slip and fall incidents
- Defective products
- Medical malpractice
In any of these scenarios, an innocent party may suffer physical harm. The actual injury can vary in severity, ranging from minor cuts, bruises and scrapes to broken bones, head injuries and other more damaging wounds. Emotional distress can also be part of the equation as victims may suffer trauma as a result of their experience.
It's important to keep in mind that no two cases are exactly alike when it comes to personal injury matters. The scenario, type of injury and other factors will all contribute to the unique nature of your claim—and it is for this reason that consulting a qualified attorney is essential for obtaining the best possible outcome in your case.
The Types of Damages Covered Under Bodily Injury Claims
When you've been injured due to someone else's negligence, you may be eligible to receive financial compensation that helps you to recover from your physical, emotional and financial losses. This type of compensation, known as damages, can be sought for a variety of losses caused by an injury.
Some of the most common type of damages awarded in a bodily injury claim are:
All medical bills and related expenses incurred as a result of the injury can be recovered. This includes doctor visits, ambulance rides, hospital stays, rehabilitation costs or surgeries. You can also be reimbursed for medication and other medical-related expenses that were necessary to treat the injury.
If the injury prevented you from working or caused a significant loss in income due to reduced hours or wages, you may be able to seek compensation for your lost wages. This will go toward making up the difference in what you would have earned had the accident not occurred.
Pain and Suffering Damages
Pain and sorrow compensation is meant to reimburse victims for physical pain, mental anguish and even loss of enjoyment of life due to the effects of an accident-related injury. Financial recovery is meant to help restore quality of life back to where it was prior to the incident occurring.
How to Prove Bodily Injury in a Personal Injury Lawsuit
If you’ve suffered a bodily injury and you’re considering filing a personal injury lawsuit, it’s important to understand the legal requirements for proving your case. Here are several key points to consider:
What Constitutes Bodily Injury?
In a personal injury lawsuit, “bodily injury” is an injury to your body caused by another person or entity. This can include physical injuries such as broken bones, cuts, burns and sprains. It can also include emotional or psychological injuries such as depression, anxiety and stress.
Evidence Required for Bodily Injury Lawsuit
To prove bodily injury in a personal injury lawsuit, you must provide documentary evidence of your injuries and the losses incurred as a result of them. This could include medical bills, evidence of lost wages due to missed time at work (such as pay stubs), witness statements, photographs or videos of the scene, police reports and any other documentation that supports your case.
Damages Awarded in Bodily Injury Lawsuits
Victims of bodily injury incidents can be awarded damages to cover the costs associated with their injuries such as medical bills and lost wages. Additionally, they may also receive compensation for their pain and suffering, mental anguish or emotional distress caused by their injury.
Settlements and Awards for Car Accident Victims With Bodily Injuries
Car accidents are a leading cause of bodily injuries, and those injured in such accidents can seek damages for their injury. Depending on the circumstances, a settlement might include economic, non-economic and punitive damages.
Economic damages are typically awarded to cover financial losses suffered as a result of an accident. These losses may include medical expenses, lost wages, property damage repairs and future wage loss if the victim is unable to return to work.
Non-economic damages are those that don’t have a fixed amount associated with them, such as emotional distress or pain and suffering. These damages can be more difficult to quantify but are often sought by plaintiffs in personal injury cases.
Punitive damages may also be sought by victims of car accidents. These types of awards punish the offending party for exceptionally egregious conduct, such as DUI or other acts of negligence that set off the accident chain of events.
It's important for accident victims seeking compensation for their bodily injuries to consult with a personal injury attorney who can evaluate the specifics of your case to develop an appropriate strategy for getting the compensation you deserve.
Meeting With a Personal Injury Lawyer to Discuss Your Claim
If you or a loved one has suffered a bodily injury, it's important to meet with an experienced personal injury lawyer to discuss your claim. A lawyer will be able to assess the validity of the case and provide advice on how to proceed. Here are some tips for meeting with a personal injury lawyer:
- Do your research – There are numerous personal injury lawyers out there, so do your research to find the right one for you. Look into their experience, qualifications and successes as well as client reviews and ratings.
- Be honest – Be honest and open with your lawyer about any details of your case that may be relevant to the success of the claim.
- Make sure you understand – Your lawyer should explain in detail what they can do for you and any potential risks associated with taking legal action in order to make sure that you understand what is involved in pursuing a claim.
- Ask questions – If there’s anything that you don’t understand or need more clarification about, don’t hesitate to ask questions as this could be critical in determining how successful a claim may be.
By meeting with a qualified personal injury lawyer and providing them with all the relevant information, you can maximize your chances of getting the best possible outcome from your case.
In the end, it's important to remember that no two personal injury cases are the same. If you have been injured in a car accident, it is essential that you seek the advice of an experienced car accident attorney immediately. They will be able to assess your injury, determine its severity, and advise you on the best course of action to receive the compensation you deserve.
Bodily injury can take many forms. Get the legal help you need to get the justice you deserve. Contact Fletcher Law today to kickstart your case.