One Call, That’s All 800-404-9000
CASE EVALUATIONS ARE FAST, EASY, AND FREE.
After an accident, especially a car accident, bodily injury and personal injury are among the most commonly misunderstood terms.
Many accident victims don’t realize there is a legal distinction between the two, or that the difference between bodily injury and personal injury can directly affect the type and amount of compensation they receive. This is especially important for those pursuing insurance or personal injury claims after a car accident or any incident where injuries have occurred.
At Craig Swapp & Associates, our personal injury lawyers regularly handle cases involving both bodily injury and personal injury. Knowing your rights and how these terms impact your claim is crucial to protecting your interests and securing fair compensation.
In legal claims following an accident, it’s essential to understand bodily injury vs. personal injury. While these terms may sound similar, they refer to different aspects of an injury claim and are often used in distinct legal and insurance contexts.
Bodily injury refers specifically to physical harm or damage to a person’s body as a result of an accident.
This includes injuries such as:
In most cases, bodily injury is a term found in insurance policies, especially auto liability insurance. For instance, if you are injured in a car accident caused by another driver, their insurance policy’s bodily injury liability coverage can compensate you for your medical expenses, lost wages, and certain other damages resulting from your physical injuries.
If your claim is for bodily injury under someone else’s liability insurance, you can recover compensation for losses directly related to your physical injuries, such as:
The amount you can recover for bodily injury is typically limited by the at-fault party’s insurance policy limits. In some cases, your own underinsured or uninsured motorist coverage may also come into play.
Personal injury, by contrast, is a broader legal concept. It includes not only physical harm (bodily injury) but also any harm suffered by a person due to the wrongful or negligent actions of another.
Personal injury claims can cover:
Personal injury claims are not limited to car accidents; they may arise from slip and falls, dog bites, defective products, medical malpractice, workplace accidents, and more.
Personal injury claims can include all the damages available in bodily injury claims, as well as compensation for:
In simple words, all bodily injuries are personal injuries, but not all personal injuries are limited to bodily injuries. This key distinction is at the heart of the difference between bodily injury and personal injury and can significantly affect your legal options and recovery.
When it comes to pursuing compensation after an accident, understanding the types of insurance coverage available and what they actually cover is critical. The comparison of personal injury protection vs. bodily injury liability is a common point of confusion, especially after a car accident.
Bodily injury liability coverage is designed to pay for the physical injuries you cause to another person in an accident for which you are legally at fault.
It typically covers:
Personal injury protection (PIP), on the other hand, is a type of insurance that covers your own medical expenses and certain other losses, regardless of who caused the accident.
PIP is required or offered in several states with “no-fault” insurance laws, and may cover:
This means that personal injury protection vs. bodily injury coverage serve very different purposes, PIP is for your own protection, while bodily injury liability covers damages you owe to others.
Yes, it is possible to claim for both bodily injury and personal injury after an accident. In most situations, your personal injury lawyer will seek compensation for every way the accident has affected you, including both physical injuries and non-physical harm such as pain and suffering or mental distress.
For example, if you were seriously hurt in a car crash, you might have:
While insurance companies often separate claims for bodily injury and personal injury (especially under different parts of the policy, like bodily injury liability and PIP), a personal injury claim in civil court is broader and can encompass all types of harm you suffered. Your personal injury lawyer will carefully document every impact the accident has had on your life, ensuring that all possible damages – both physical and non-physical – are pursued.
Every state has laws called statutes of limitations that set strict deadlines for filing injury claims. Missing these deadlines can result in losing your right to compensation entirely, regardless of the merits of your case.
The statute of limitations for bodily injury and personal injury claims varies by state, but commonly ranges from 1 to 4 years from the date of the accident. For example, in Utah, the deadline is typically four years, while in Idaho, it’s two years.
Other factors, such as the age of the victim or whether the at-fault party is a government entity, can also impact the timeframe for filing a claim. For this reason, it is always best to speak with a personal injury lawyer as soon as possible after an accident.
The way states handle accident claims, known as “fault systems,” can significantly affect the claims process and the compensation you receive for bodily injury and personal injury.
The legal system in your state and the applicable insurance policies will play a large role in how your bodily injury vs. personal injury claim is handled and how much you can recover. That’s why having an experienced personal injury lawyer is critical to protect your rights and maximize your compensation.
The difference between bodily injury and personal injury may seem like a technicality, but for accident victims, it can make all the difference in how much they recover and what losses are covered after an accident. Understanding the definitions, the available insurance coverages, and the damages you can claim is crucial for anyone injured in a car crash or another accident.
Whether you’re dealing with personal injury protection vs. bodily injury liability coverage, facing questions about your rights under your state’s fault system, or simply trying to get the financial support you need to recover, our personal injury lawyers at Craig Swapp & Associates are here to help.
When you work with us, you never pay any legal fees until we settle or win your case. We are committed to fighting for every dollar you deserve, so you can focus on healing and moving forward. Our team serves clients across Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona, offering skilled legal guidance and support every step of the way.
If you or a loved one has suffered bodily injury and personal injury due to someone else’s negligence, don’t wait. Call us today at 866-308-3822 or fill out our contact form to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp