What Is the Difference Between Bodily Injury and Personal Injury?
If you get injured in an accident and need to seek financial compensation for your injuries or related bills and expenses, you may hear both “bodily injury†and “personal injury†in connection to your claim. In a legal context, these are not the same and are not used interchangeably. Learn the difference between these two phrases and the implications they each may have on your case.
Criminal vs. Civil Justice System
The first distinction is with the type of justice system. The phrase bodily injury is used more commonly in the criminal justice system, whereas personal injury is part of the civil justice system. In a criminal case, a bodily injury refers to the physical injuries sustained by the victim of a crime, such as assault or battery. In general, if a crime results in bodily injuries to one or more victims, the level of crime and its penalties will increase.
Personal injury, on the other hand, can refer to more than just physical injuries in a civil lawsuit. It represents any loss suffered by the victim as a result of the defendant’s negligence. A plaintiff in Massachusetts can file a personal injury claim for physical injuries as well as emotional distress, inconvenience, lost quality of life, property losses, lost wages, and more. While most personal injury cases involve physical injuries, this is not necessarily a requirement.
Different Types of Insurance
The second distinction between bodily injury and personal injury is found in an insurance context. Bodily injury coverage on a car insurance policy pays for the other person’s injuries and medical expenses, not the policyholder’s. In states that use fault-based car insurance laws, bodily injury liability insurance is a requirement for all drivers. Drivers use this insurance to pay for the injuries of others if they are found to be at fault for a car accident.
Massachusetts, however, does not use the bodily injury concept. Instead of claiming medical coverage from the at-fault driver after an auto accident, all drivers use their own car insurance policies for coverage (the no-fault system). Drivers in Massachusetts must carry personal injury protection (PIP) insurance to pay for their own medical bills, regardless of fault for the crash. However, if a crash victim suffers a significant injury, he or she may have the right to file a third-party claim against the other driver outside of the no-fault system.
You do not have to prove that someone else is at fault for a collision to use PIP insurance after a car accident. Your own car insurance company will provide coverage, regardless of fault. The amount of insurance coverage available, however, is typically lower with PIP insurance compared to a third-party bodily injury insurance claim. If you aren’t sure which type of insurance to use to pay for a car accident in Massachusetts, a lawyer can explore your options.
Compensation for Personal Injury vs. Bodily Injury
The financial compensation, or damages, available to you after being injured in an accident in Massachusetts depends on whether your personal injury case involves a bodily injury or not. If your personal injury lawsuit does involve a bodily injury, such as a broken bone or catastrophic injury, the compensation that you receive could include:
- Hospital bills
- Emergency medical care
- Necessary medical treatments
- Disability costs
- X-rays and tests
- Medications and medical devices
- Surgery, rehabilitation and therapies
- Pain and suffering
- Emotional or psychological harm
- Lost past and future income
Without a bodily injury caused by the defendant’s negligence, it can be more difficult to win a personal injury case. However, it may still be possible to receive compensation for pain and suffering alone, as well as your property damage, travel costs, out-of-pocket expenses, inconvenience, and more. For more information about these legal concepts or your specific claim, contact an attorney at Merrimack Valley Injury Lawyers.