
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.