If you have recently been injured in a car accident, workplace accident, slip and fall incident, or another type of accident, you may find yourself becoming quickly overwhelmed by trying to navigate an insurance claim and determine your legal rights in the situation. One confusing detail for many individuals, particularly when filing an insurance claim, is the difference between “bodily injury” and “personal injury”. While these terms may be used interchangeably in conversation, there is an important legal distinction between them that can directly impact your claim for compensation in New Jersey. As you attempt to recover damages for your injuries, it is important to understand the distinction and how it relates to your situation.
Understanding Physical Harm in the Context of Bodily Injury
The term “bodily injury” is fairly straightforward in its meaning, as it relates specifically to harm or damage to one’s physical body only. It does not relate to any other forms of damage that may have resulted from the same situation. Bodily injury can include immediate injuries that are observable and produce symptoms right after an accident or delayed symptoms and long-term physical effects of the accident like chronic pain or disability.
For example, if you are in a car accident on the New Jersey Turnpike that results in a fracture to your collarbone, burns to your skin, and a herniated spinal disk, as well as a totaled vehicle, your bodily injury is only the physical damage to your body, not your vehicle damage. If you are grocery shopping and you slip and fall on a spill left on an aisle, causing you to suffer a concussion and a strained neck, these physical harms are considered bodily injuries. However, if your injuries cause you to miss work and therefore lose money from the wages you would have earned, those lost wages are not a part of your bodily injuries. Similarly, if you are injured while working on a construction site and break an arm or suffer a contusion to the head, these are also bodily injuries.
Bodily injury claims usually come up when an insurance claim is made. Insurance policies set out certain limits about how much compensation can be paid out for the injuries. This compensation potentially covers medical bills, therapy, and rehabilitation, but not additional damages the victim may have suffered like property damage, lost wages, or non-economic damages like anxiety or panic attacks that result from the accident.
Defining the Broader Scope of Personal Injury
In contrast to bodily injury, personal injury encompasses a broader range of damages that may result from an accident caused by someone else’s negligence, including all those encompassed by a bodily injury claim, as well as other forms of harm or damage like property damage, lost wages, pain and suffering, emotional distress, and in some cases, loss of consortium if the injuries resulted in deprivation of a family relationship. A personal injury claim allows an individual to seek compensation for all of their losses whether physical or financial in nature, so that they can be made whole again.
For instance, in the same motor vehicle accident described above, the victim may pursue recovery for the damage to their vehicle as well as their bodily injuries. If an accident causes an injured victim to take time off work, they may recover the money they lost from the wages they otherwise would have earned but for this accident. If an individual’s injuries prohibit them from continuing to work in their same industry or prevent them from working at all, they may also seek damages to compensate for these losses.
The Relevance of Distinguishing Personal Injury from Bodily Injury in New Jersey
In New Jersey, insurance policies usually separate bodily injury coverage from personal injury claims. So, if you need to file a claim after a car accident, you might find that the coverage is capped and does not actually cover all of the losses you suffered. For example, the policy may cover only $15,000 per person or $30,000 per accident. After a very serious accident, these limits can be quickly exceeded by the damages suffered.
New Jersey has a no-fault insurance system, further complicating how accident claims are handled and compensation is recovered. Within the no-fault system, the state requires all New Jersey car insurance policies to include Personal Injury Protection (PIP), which covers not just an individual’s bodily injury damages, but also lost wages and other related damages. However, yet again, the coverage limitations for PIP may not be enough to cover the full extent of the accident victim’s damages.
The distinction between bodily injury and personal injury is not just important for understanding the relevant policy limitations, but also impacts how you file your claim and when you may consider pursuing a civil personal injury lawsuit.
Get Clarity with Help from Cohen & Riechelson Now
If you have been injured and suffered related damages following an accident in New Jersey, the experienced personal injury lawyers at Cohen & Riechelson can help you to understand the difference between bodily injury and personal injury and the relevant insurance coverage limitations. Our highly knowledgeable injury attorneys will help you to navigate the insurance claim and personal injury lawsuit process, negotiating and litigating your claim if necessary. If litigation is pursued, we will prepare your claim with supporting medical evidence and documentation to pursue compensation for all relevant damages you suffered as a result of the accident, including lost wages, future medical expenses, and other non-economic damages.
To learn more about your legal options and how our team can help you be made whole again, please contact us today at (609) 528-2596 for a complimentary consultation. We have been helping injured victims pursue justice and compensation after accidents in Lawrence, Trenton, Monroe, Titusville, Ewing, Hopewell and Mercer County, Middlesex County, Burlington County, Camden County, and throughout New Jersey for over 50 years, and our team is ready to help you.