For many, there is a wide misconception as to what bodily injury is and whether it is different from personal injury. Some people have found themselves using both terms interchangeably unconsciously. However, while both terms may sound alike, they differ in several ways, and understanding these differences can help you know what you are a victim of and how to go about your case.
First, it is important to note that there is a legal difference between bodily injury and personal injury. Certain laws in Georgia define bodily injury, which differs from personal injury. This article examines both terms and provides possible compensation that can be gotten for anyone who is a victim of either.
What Is Personal Injury Under Georgia’s Law?
When a person causes harm or inflicts injury on another person by a negligent action or omission, the law terms such as personal injury. Generally, it encompasses all types of personal injuries that are caused to a person by another. However, it is not only limited to that because the law has expanded personal injury to include mental anguish and loss of fellowship, among others.
With this position of the law, it is believed that certain situations may arise when personal injury is caused to another, including physical, mental, and psychological pain, suffering, and loss of earnings due to the inability to work. All of these arising factors are considered alongside the medical expenses needed to treat the injury when awarding compensation to the victim.
What Is Bodily Injury Under Georgia’s Law?
In Georgia, a person is said to be a victim of bodily injury when there is an action or omission of another that directly affects the body of the victim. In some instances, these injuries may result in illnesses, diseases, and, at times, death. The compensation offered to a victim of bodily injury is monetary and is based on the degree of the injury suffered.
One important thing to note is that in proving bodily injury, the victim must establish that there was direct harm to his body and that the at-fault party was responsible for causing the harm or inflicting the injury. There is no one-size-fits-all approach to determining compensation in a bodily injury case, as it varies based on the peculiarities of each case.
What Is the Difference Between Bodily Injury and Personal Injury Cases?
One thing is clear from the legal definitions of both terms: personal injury is a broad term that encompasses bodily injury. This means that every bodily injury qualifies as a personal injury, but not every personal injury is a bodily injury.
Also, damages in a bodily injury case are always easier to establish than in personal injury cases. A person whose body was injured by another person can more easily provide evidence in support of that claim than one who was involved in an accident. This is because the one involved in an accident must know how to document, preserve, and provide such evidence when seeking compensation.
Conclusion
“One of the many changes faced by individuals who want to institute an action against bodily or personal injury is understanding the difference. As simple as it may appear, this has affected the outcomes of some cases,” says attorney Robert James of Robert James Trial Attorney. Understanding how Georgia’s law works on personal and bodily injury cases makes it easier to know how and when to institute your case to get the maximum compensation you are entitled to.
