Bodily injury explicitly refers to a physical fact: the victim suffered physical injury to their person and required medical treatment. Personal injury, on the other hand, refers to the injured victim’s legal claim for damages incurred due to the at-fault party’s actions.
If you’ve recently filed a personal injury claim, either as a lawsuit or with the at-fault party’s insurance company, you’ve probably heard the terms bodily injury and personal injury from the lawyers, insurance companies, or both. It’s important to understand the legal distinctions between the two terms, so you can better understand how your Hawaii personal injury attorney builds your case.
Understanding the legal concept of personal injury
A bodily injury can form the basis of a personal injury legal claim. To understand how these cases work in Hawaii, it helps to know the main legal principles that apply.
Statute of limitations
You have two years from the date of your injury to file a personal injury claim in the Hawaii civil court. This deadline is called the statute of limitations. If you miss it, the court will likely dismiss your case, and you can lose your right to seek compensation, no matter how serious the injury.
Liability
In a personal injury case, the injured person (called the plaintiff) tries to hold the at-fault person or company (the defendant) financially responsible for their losses. If both parties share blame. For example, in a car accident, the court assigns each a percentage of fault. Your share of responsibility then reduces your total compensation.
Burden of proof
The plaintiff must show that it is “more likely than not” that the defendant’s actions caused the injury. This standard, called the burden of proof, means you don’t have to prove your case beyond all doubt, only that the evidence leans in your favor.
Negligence
Negligence is the foundation of almost every personal injury claim. It means the defendant failed to act with reasonable care. To prove negligence, you must show four things:
- The defendant owed you a duty of care (for example, to drive safely or maintain safe property conditions).
- They breached that duty by acting carelessly.
- Their actions directly caused your injury.
- You suffered measurable harm, like medical expenses, lost wages, or pain and suffering.
Most personal injury claims arise from physical harm. Certain cases, including defamation or intentional emotional distress, can still result in financial loss without bodily injury. In these cases, the injured person may have grounds to file a personal injury claim.
Understanding the legal concept of bodily injury
Bodily injury refers to a specific injury, on a specific part of the body, like broken bones, head trauma, lacerations, or internal bleeding. You’ll usually see bodily injury come up in car wreck claims; drivers in Hawaii are required to carry minimum bodily injury liability coverage of $20,000 per person and $40,000 per incident.
Insurance coverage for bodily injuries covers medical expenses for physical injuries to other drivers, their passengers, cyclists, and pedestrians—basically, anyone the driver hits. It does not cover property damage (driver must carry a minimum of $10,000 per accident).
If you file a bodily injury claim with the at-fault driver’s insurance company, you can be compensated for all related medical bills from the accident, including an ambulance ride, hospital stay, surgery, and rehabilitative therapy. You cannot, however, claim compensation for non-economic damages, such as pain and suffering. Nor can you claim the value of lost wages if the accident caused you to miss time at work. Compensation for those is only available through filing a personal injury lawsuit.
Should I file a personal injury suit for bodily injury?
In Hawaii, you have the right to file a claim for damages if you were hurt due to someone else’s negligent or malicious actions. When you meet with a personal injury lawyer, they review the circumstances of your case to determine if negligence was a factor.
If the accident caused you to miss a substantial amount of time from work, or if you’re now disabled, then it’s a good idea to file a claim. Any compensation you receive can help you pay bills you missed due to not working and provide the means to support yourself and your family if your accident injuries make it difficult for you to sustain gainful employment.
Have you suffered harm due to someone else’s negligence? Call our firm.
If you were involved in an accident you didn’t cause and need help filing a bodily injury claim with the other party’s insurance carrier, our legal team is here to help. At Shaheen & Gordon, we help people who have suffered physical harm and financial loss secure fair compensation. Contact us today at (800) 451-1002 for a free consultation.
