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Winkler Kurtz LLP

Long Island's Most Trusted Law Firm

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

What Is The Difference Between Bodily Injury and Personal Injury?

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At Winkler Kurtz, LLP, we want to ensure that all our clients receive the damages they deserve. If you or a loved one have recently been involved in an accident, you’ve probably heard bodily injury and personal injury being thrown around. For legal purposes, it’s essential to be able to distinguish between these two phrases. To about the differences between bodily injury and personal injury, please continue reading.

What Is Personal Injury?

Personal injury takes place when the actions of a defendant’s negligence cause harm to the plaintiff. While many people assume personal injury can only occur due to a physical accident, that is not the case. At Winkler Kurtz, LLP, we’ll offer our legal representation for personal injury matters, which include the below:

  • Victims of physical accidents.
  • Issues of social wrongdoings.
  • Claims of defamation.

What Is Bodily Injury?

While it can be viewed in a similar vein to personal injury, bodily injury is more specific. This type of lawsuit involves a particular injury to the body that occurs due to someone else. Unlike personal injury, a physical injury does not include social issues that can cause a person harm. Although this type of legal claim typically occurs in criminal cases, it can also arise regarding insurance disputes.

Examples Of Compensation

If the other party was at fault and caused your injury, you may be entitled to collect damages in both cases of bodily injury and personal injury. However, to ensure that you receive a fair and justified amount, you’ll need proper representation. At Winkler Kurtz, LLP, we’re well versed in these types of cases. We’ll gather the evidence required that gives you the best chance of taking home compensation for the following:

  • All medical expenses related to the injury.
  • Any lost wages and lost earning capacity.
  • Emotional distress, such as pain and suffering.

Proving Negligence In A Personal Injury Case

One of the main differences between bodily injury and personal injury cases is what needs to determine they occurred. Unlike with bodily injury cases, you must prove that negligence took place on the defendant’s part to win a personal injury case. This means that the court needs to be shown that any other person acting reasonably could have prevented the accident that caused your harm from happening. As expert attorneys, we can make that happen. Below are examples of what our team will work to prove to the court:

  • The defendant owed a duty of care.
  • The defendant failed to meet the duty of care that was owed to you.
  • Any losses and injuries that you have sustained came due to the owner’s failure to provide their duty of care.   
  • All issues could have been avoided by the defendant acting reasonably.

Do You Have A Case?

If you are unsure if you have a case, whether it be bodily injury or personal injury, our team at Winkler Kurtz, LLP is here to help. We offer free consultations to all parties looking to seek out legal representation. By scheduling one, you’ll learn whether you have been the victim of a bodily injury or personal injury. We’ll take this time to look at the facts that occurred, and let you know how we believe you should be proceeding.

Contact Us

Suffering harm caused by someone else is a surefire way to find a drop in your quality of life. When this takes place, justice needs to be served. If you believe there is a case to be made against another party, our legal team at Winkler Kurtz, LLP, will be there for you. Contact us today so you can get this process started.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

Phone:

(631) 928-8000


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(631) 928-8578

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