Oof! Here’s 3 Kinds of Bodily Injury Claims You Can Use in Court

posted by Chris Valentine

Personal injuries and bodily injury claims aren’t exactly the same, but you can go to court for either. Here’s 3 kinds of bodily injuries you can sue for!

The unthinkable has happened – you’ve received a bodily injury and it’s not your fault. Now, understandably, you’re ready to sue.

Unfortunately, it’s not always possible to get a suit for every type of injury or condition you receive from a company or individual’s actions.

That’s why it’s useful to understand bodily injury claims, including how they’re defined, how they work, and what kinds of claims you can make.

Sound like too much to take in? No worries! That’s why we’ve created our handy guide to the kinds of personal injury claims you can make in court.

Armed with this knowledge, you’ll be ready for any situation that should arise (though hopefully, no injuries occur). Let’s get into it.

What Are Bodily Injury Claims?

Before we hop into the specifics, let’s take a look at what bodily injury claims are in the first place.

You may have seen this term in insurance paperwork before, but it’s slightly more complex than it seems. While “bodily injury” makes it sound like it only applies to stuff like broken legs, a bodily injury (in regard to the law) also refers to things like diseases and conditions, as well as death.

It’s also useful to recognize how a bodily injury differs from a personal injury.

For a personal injury, it’s possible to sue for things that don’t actually physically hurt you, like defamation or discrimination. In these cases, you’ll specifically need a personal injury lawyer (like Greene Broillet & Wheeler, LLP).

On the other hand, bodily injuries are specifically injuries caused to the person’s body (whether that be physical or mental, in some cases).

So what kinds of claims can you make?

1. Malpractice

Bodily injury claims can be made (and are often made) in cases of medical malpractice, or when a medical professional performs a procedure incorrectly or in bad faith.

In these cases, the injury is obviously not the plaintiff’s fault – they placed their trust and faith in the medical professional.

2. Car Accidents

Car and motorcycle accidents are also a common source of bodily injury claims, especially when there’s a clear person at fault (like in cases of T-boned vehicles or drunk drivers).

If you’ve been injured in a car accident, it’s a good idea to check on the exceptions in your state – some states will make you seek compensation from your own insurance unless the injury is particularly bad.

3. Assault & Battery

While some of these are accidental cases, bodily injury claims can also be brought against people who intentionally harmed others.

This is different than the criminal proceedings of a case – a person who commits assault may be given a criminal judgment (like jail time) and a personal judgment (like money for the person they injured).

Now What?

Now that you know the types of bodily injury claims you can use to protect yourself, you’re prepared to take the courtroom by storm.

Curious for more topics like this? Check out our other information in regard to personal and bodily injuries (like how to recover after a stressful accident) or contact us with questions and concerns.

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