If you are hurt in an accident, understanding the difference between bodily injury and personal injury is crucial. These two terms may sound similar, but they have distinct meanings under Florida law and in the context of insurance. In short, bodily injury refers to the physical harm someone suffers, whereas personal injury is a broader legal concept that encompasses both physical and emotional harm caused by someone else’s negligence.
An Orlando personal injury attorney from Dellecker, Wilson, King, McKenna, Ruffier & Sos can help you understand how these distinctions apply to your case and pursue the full compensation you deserve.
What does “bodily injury” mean?
Bodily injury is a term often used in the context of auto insurance and typically refers to the actual physical injuries a person suffers in an accident, such as broken bones, head trauma, lacerations, or internal damage. For example, if you are injured in a car accident, and the at-fault driver has bodily injury liability coverage, their insurance is supposed to pay for your medical expenses and other related costs.
Bodily injury coverage is essential in Florida because, despite being a no-fault state, liability coverage for bodily injury helps cover costs when an injured party’s damages exceed the limits of their personal injury protection (PIP) policy.
What does “personal injury” cover?
Personal injury, on the other hand, is a legal concept used in lawsuits or claims where someone suffers injury due to another party’s negligence or wrongful act. This includes bodily injury, but it also extends to non-physical harm such as:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Pain and suffering
- Lost wages and future earning capacity
So, while all bodily injuries can be part of a personal injury claim, not all personal injuries are limited to physical harm alone.
How do insurance companies treat these terms?
The difference between personal injury and bodily injury becomes significant when dealing with an insurance company after an accident. Your auto insurance policy will likely include PIP benefits and the at fault driver’s insurance policy may possibly provide you benefits through bodily injury liability coverage. You may also have protections through uninsured/underinsured coverage if you have coverage beyond Florida’s minimum requirements.
PIP helps pay for your injuries, regardless of fault, including medical bills, lost income, and sometimes replacement services. Bodily injury liability covers the injuries others may sustain in an accident. Understanding these differences can help ensure you receive the full compensation you are entitled to, especially if you need to file a personal injury lawsuit when PIP or bodily injury limits are not enough.
When should I file a personal injury lawsuit?
If your injuries are severe and your damages exceed what PIP or bodily injury liability coverage provides, you may need to pursue a personal injury case. Florida law allows injured people to recover both economic damages (like medical bills and lost income) and non-economic damages (like pain and suffering or loss of enjoyment of life). These economic and non-economic damages include
- Long-term medical care
- Emotional trauma
- Pain and suffering
- Loss of enjoyment of life
- Future lost earnings
Our personal injury lawyers at DWK Law can evaluate your situation and determine whether legal action is necessary to hold the responsible party accountable.
How can DWK Law’s personal injury attorneys help?
Our experienced personal injury attorneys in Florida understand the distinction between bodily injury and personal injury, and how to build a case that reflects the full range of damages you have suffered. We know how devastating the physical, emotional, and financial aftermath of a car accident or serious injury can be. Our legal team is here to:
- Help you navigate your insurance company’s policy terms
- File a strong and timely personal injury claim
- Ensure you are not left paying out of pocket for someone else’s negligence
- Fight for compensation that accurately reflects your losses
Schedule a consultation with a Florida personal injury lawyer
While bodily injury refers specifically to physical harm, personal injury encompasses the full impact an injury has on your life. If you are unsure about your rights or whether your insurance will cover your losses, reach out to DWK Law today at (407) 244-3000 or contact us online. We can help you get the support you need and deserve.