While the terms “bodily injury” and “personal injury” are frequently used interchangeably, they actually have distinct meanings that can differ based on the legal context. These distinctions can be quite confusing, particularly when these terms are applied differently in criminal and civil law. If you have been injured by someone’s negligence or intentional act, you may find the following explanation helpful.
You can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation with a personal injury attorney.
Bodily Injury: A Dual Perspective
“Bodily injury” has two different yet significant definitions. In the realm of criminal law, bodily injury could elevate the seriousness of a crime. An act such as assault, which involves threatening harm, may become assault and battery if bodily harm occurs. The latter typically faces stricter legal consequences. For example, raising a fist to threaten someone is an assault. If a physical injury follows, the charge can escalate to assault and battery.
In the context of civil law and insurance, bodily injury pertains to liability insurance. It might cover medical expenses and related costs for injuries caused by another person’s negligence. For example, California’s automobile liability insurance mandates minimum coverage for bodily injuries you might cause in an at-fault accident.
Defining Personal Injury
Personal injury, primarily a civil term, encompasses legal claims for injuries caused by someone else’s carelessness. A personal injury claim can arise if you are injured due to another person’s negligence, like being struck by a drunk driver. Your claim may cover various losses, including medical bills, lost income, future medical costs, pain and suffering, PTSD, and more.
Injury in the Context of Crime
An often-misunderstood aspect is the possibility of seeking compensation for injuries resulting from a crime. Suppose another driver’s road rage leads to a collision with your vehicle. Even if the driver is arrested or jailed, you still retain the right to seek compensation. Criminal courts typically do not handle monetary damages for victims, necessitating separate legal action for recovery.
Seeking Help from a Personal Injury Attorney
Whether your injury stems from negligence or a criminal act, it is crucial to consult an experienced California personal injury attorney. Understanding the subtle differences between bodily injury and personal injury is vital to pursuing the appropriate claim. At Law Offices of Fernando D. Vargas, our legal experts can provide a free consultation and guide you through your options, ensuring you receive the compensation you deserve. Contact us at 909-982-0707 to discuss your case today.