Difference Between Bodily Injury and Personal
December 28, 2022 | Sagi Shaked | Personal Injury
If you’ve been in an accident, then you know how confusing the legal system can be. There are so many different types of cases and terms that it can be hard to determine what type of lawyer you need or which type of case you have. One common question people have is bodily injury vs personal injury.
What is Personal Injury?
Personal injury refers broadly to any kind of damage done to a person, including physical, mental, and emotional damage.
What is Bodily Injury?
Bodily injury refers to physical harm that has been done to someone due to the negligence or intentional act of another person, business, or entity. This includes anything from broken bones to a severe brain injury, depending on the situation.
It also includes illnesses that were caused by something such as exposure to toxic chemicals, food poisoning, etc., where there was either negligence or intent involved in creating these conditions.
Personal Injury Protection vs Bodily Injury Liability Coverage
The difference between personal injury protection (PIP) and bodily injury liability coverage is also confusing for many. Understanding PIP vs bodily injury coverage is important so you know what you’re entitled to or responsible for in the event of a car accident.
What is Bodily Injury Coverage?
Bodily Injury Coverage (BI) protects you if you are found liable for causing an accident where someone else was injured or killed. BI pays for physical injuries caused by your negligence in an auto accident. If another party sues you after a car accident, bodily injury coverage will pay out up to your policy limits.
What is PIP?
Personal Injury Protection (PIP) is a type of auto insurance that helps cover the medical bills of the insured person, regardless of who was at fault for the accident.
For example, if you were driving and caused an accident, your PIP coverage will cover some of your costs even though you were responsible. PIP typically covers medical expenses, lost wages, funeral costs, and other damages.
Under Florida Law, Personal Injury Protection is Required
Florida requires a minimum of $10,000 in personal injury protection, or PIP, coverage. More precisely, it pays 80 percent of medical bills incurred because of the crash up to the policy limit. It also covers 60 percent of lost income if you are injured and unable to work.
It is important to note that some types of losses such as pain and suffering and mental anguish cannot be recovered through a PIP claim, so it is important to speak with an experienced lawyer if you feel that you are entitled to additional compensation beyond what your PIP coverage provides.
Filing a Claim if Your Damages Exceed $10,000
If your injuries exceed $10,000 in medical expenses or lost wages and you decide to pursue a personal injury suit against another driver who caused your accident, you may be able to recover damages beyond what your PIP insurance will cover. Additionally, if your injuries are disfiguring or likely to cause permanent disability or both, you can file a personal injury lawsuit against the other driver.
To be successful in a personal injury lawsuit, you must prove that another party acted negligently and is responsible for your damages. Depending on the circumstances surrounding your case, this could include proving that another driver violated traffic laws or was behaving recklessly.
Residual injuries are long-term damages that result from a car accident. Common signs of a residual injury include headaches, dizziness, blurred vision, joint pain, chronic fatigue, difficulty sleeping, anxiety or depression. These symptoms may not seem serious at first but can become more severe over time and cause long-term damage if left untreated
The key difference between immediate injuries and residual injuries is that immediate injuries are easy to spot—they occur during or shortly after the accident—whereas residual injuries can take weeks or months before they manifest themselves. Due to their long-term benefits, they can also end up costing a lot in medical bills and lost wages, which may require a personal injury lawsuit for you to recover what you’re entitled to.
Contact an Experienced Miami Personal Injury Lawyer to Schedule a Free Consultation
Having an experienced lawyer when dealing with the aftermath of a car accident or any type of personal injury can make all the difference between success and failure in getting fair compensation. Contact Shaked Law Personal Injury Lawyers today to schedule a free consultation.