When they speak with a Hardeeville personal injury lawyer for the first time, most clients will discuss their bodily injuries: broken bones, dog bites, ankle sprain and so on. Some of them realize that they do not actually have a personal injury case. Others are not aware of the documents they need to prove their case beyond their obvious signs of injury.
This is why we decided to clarify the differences between these two concepts, which are actually very closely connected to each other. Let us start with the most obvious aspect.
What Is Bodily Injury?
Bodily injury refers to all external and internal physical injuries a person suffers in an accident. These injury range from mild, such as contusions and small cuts and bruises, to severe or catastrophic injuries, such as:
- Limb amputation
- Spinal cord injury
- Traumatic brain injury
- Internal organ damage
Bodily injury is one of the two key elements that represent a personal injury. The other is the existence of economic damages caused by the injuries you suffered.
Legal Implications of Bodily Injury in a Personal Injury Claim
The core of personal injury law is that one person’s negligent actions caused bodily injury and economic damages to another person. This means that you will have to prove that your injuries resulted from another person’s negligence, be it texting and driving or failure to warn you of a wet floor.
One of the key aspects in a personal injury case is getting medical treatment as soon as possible after your accident, in order to establish a clear link between the event and the bodily injury you suffered.
How Is Personal Injury Different from Bodily Injury?
Personal injury is a legal concept. It establishes the liability of a person to pay compensation to another person who was injured through their negligence. These damages cover two key elements:
- The economic damages, including medical care for the injuries, lost wages, property damages and physical therapy
- The non-economic damages, which represent a form of compensation for the physical pain and emotional trauma caused by the bodily injury
In order to know if you have a valid case, you should consult with an experienced Hardeeville personal injury lawyer as soon as possible.
Legal Aspects of Personal Injury
A valid personal injury claim is based on proving four elements concomitantly:
- A person owed you a duty of care
- They breached their duty through negligence and caused an accident
- You suffered bodily injury as a direct result of the accident
- The injuries resulted in economic damages
Basically, you do not have a case if you cannot prove each of these aspects. If you fail to seek medical attention after a slip and fall accident, for instance, your lawyer will not be able to prove that the fall caused your injuries.
Also, according to South Carolina comparative negligence rule, you must prove that the other party was 51% or more at fault than you for the accident. This is a basic prerequisite for having the legal right to file an insurance claim for damages.
How a Personal Injury Attorney Helps
Proving a personal injury claim goes beyond showing that you suffered bodily injury. It involves:
- Analyzing the circumstances of the accident to prove the other party’s fault
- Collecting evidence that prove your injuries and damages
- Negotiating with an insurance adjuster, whose job is to try to deny your claim
All these things require a lawyer’s experience, knowledge of the law and strong negotiation skills. Moreover, you don’t have a lot of time to go through the legal process, because the statute of limitations for personal injury cases is 3 (three) years after the date of your accident.
Bring Your Evidence to an Experienced Hardeeville Personal Injury Lawyer!
Winning compensation after a personal injury is not easy, because insurance companies care only about their profits. You need a skilled ally to protect your rights while you recover from your injuries – a Hardeeville personal injury lawyer at McDougall Law Firm.
We encourage you to call us and schedule a free case evaluation as soon as possible after your accident: 843-920-5705!
