What Is a Bodily Injury Claim?
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What Is a Bodily Injury Claim?
In the aftermath of an accident, you may be wondering what a bodily injury claim is or searching for other answers your unfortunate incident has brought up. Simply put, a bodily injury claim is a lawsuit filed by a personal injury victim who has bodily injuries due to the defendant’s negligence.
If you are hurt in an accident that can be traced back to someone else's negligent or reckless actions, this information is usually used to file a bodily injury claim. The personal injury lawyers working at Morgan & Morgan have a nationwide reputation for helping victims who have suffered bodily injury, pain, and other damages in an accident.
Personal injury laws in all states are designed to protect you when someone else's careless or reckless activity causes you to suffer consequences, and these laws empower you to fight back.
This is because victims' lives can be significantly changed by an accident. They may not be able to go back to work or may struggle to complete their normal daily activities. In these difficult circumstances, a qualified personal injury lawyer may be the best way to recover compensation and to help you figure out how to move forward with your life. Once you get the support of an injury attorney, your lawyer can tell you more about what it takes to file a bodily injury lawsuit, what you can expect in terms of recovering compensation, and various challenges that may evolve as part of your suit.
At Morgan and Morgan, we know you're likely struggling to figure out the answers to all the major issues in a potential lawsuit. We are here to guide you through that process and to hear your questions about what's most important to you as your claim unfolds.
To get started, you can contact Morgan & Morgan today for a free, no-obligation case evaluation.
Taking Next Steps in an Injury Claim
Regardless of how the accident happened, if you believe that someone else is responsible for your injuries, you need to take action quickly.
Every state has a time-limit law known as the statute of limitations. If you fail to file your lawsuit within the statute of limitations, you waive your rights to recover compensation regardless of the strengths of any other aspects of your case. With so much at stake for your future and your very ability to pay your medical bills on the line, a qualified and dedicated personal injury attorney may be your best bet for you to unlock compensation.
After an accident, you should not have to worry about the financial and legal implications of your accident. You need to be concerned about how best to protect yourself and to begin the path to recovery. Unfortunately, many people who are seriously hurt in bodily injury claims are not able to fully recover, and their life remains different as a result. In these complex situations, you deserve to have a qualified personal injury attorney advocating for your rights and fighting hard on your behalf. Having a professional attorney telling the story of how your life has already been changed by the accident and will continue to be influenced by this incident is critical for making a compelling claim for compensation. It is also very valuable to know that you're not alone when pursuing a bodily injury claim and that a reliable lawyer is on your side.
Whether you were hurt in a workers' comp accident, medical malpractice, a car accident, truck accident, motorcycle accident, slip and fall, or any other type of personal injury or premises liability claim, the lawyers at Morgan & Morgan are here to listen to your claim and to help you figure out your next steps.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What Is the Primary Difference Between Bodily Injury and Personal Injury?
You may hear the terms personal injury and bodily injury in relation to your legal claim. These are different types of cases and may require different standards of proof and liability. The state in which you live may have different impacts for these terms with regards to their laws, so it is critical to hire lawyers like those at Morgan & Morgan who have a reputation for working in states across the country and an awareness of the local and state requirements.
In general, bodily injury refers to specific kinds of harm done to a person's physical body after an accident, such as nerve damage, burns, fractured bones, cuts, or bruises. In a car accident, for example, when another person carries bodily injury coverage, this includes the costs of the other person who was hurt in the accident. Bodily injury insurance will depend on your specific policy but may include some or all of a victim's losses.
What Influences Bodily Injury Coverage?
One of the most important components of whether or not bodily injury coverage applies is whether you live in a no-fault or a fault state. For example, in Florida, which is a no-fault car insurance location, drivers must carry policies with a minimum of $10,000 set aside for personal injury claim coverage.
Drivers in that state are not legally mandated to carry bodily injury liability coverage unless they're also registered as a taxi. In those situations, you will file for damages through your own insurance company even if another party was responsible for the accident. However, you may need the support of experienced and qualified personal injury attorneys like those at Morgan & Morgan in the event that your personal injury protection coverage does not fully cover all of your needs. In general, think of bodily liability coverage as paying for the damages of the other person if you are at fault for the accident. Personal injury protection in those states in which it applies covers your losses and your own injuries after an accident.
What Does Personal Injury Have to Do With Damages?
Victims in personal injury accidents are eligible to pursue compensation from a liable party to cover damage costs. They must be able to show, however, that because of this situation you have incurred expenses. Different types of evidence may be used in a personal injury claim, such as proof of lost wages, police reports, videos or photographs of the accident, statements from eyewitnesses, records of all of your communication with the insurance companies, and receipts for any property damage.
In a bodily injury claim, this includes any expenses that are associated with your injuries that you would normally submit to your bodily injury insurance carrier. This can also include costs related to any other party's injuries in the accident or your own injuries. Because of the statute of limitations that may apply in your case, it is imperative to hire a personal injury attorney as soon as possible.
When Is Someone Else Responsible for My Injuries?
If you live in a no-fault state and the scope of your injuries now and possible expenses in the future exceed the coverage of your personal injury protection, someone else may be held accountable for your injuries. In the event that you live in a fault-based state and have evidence indicating that the other person is responsible for your injuries, this information may be used to file a personal injury claim. There are so many factors at play in a personal injury or bodily injury case that it is crucial to begin collecting evidence quickly after the incident itself and to consult with a dedicated and knowledgeable personal injury attorney.
Am I Able to Get Damage Payments for My Injuries?
When you pursue a legal claim for compensation, there are many questions that must be answered in the early phases of your case. You may not even be sure if you yet made the grounds to file a legal claim, but working with a dedicated and experienced lawyer like those at Morgan & Morgan will help to clear up many questions and to prepare you for the initial steps to take to protect yourself.
You may not be able to fully cover the damages you've sustained with a payment from your insurance company, and you may also have questions about communicating with your insurance company and whether or not they are fulfilling their contractual rights to you. There may also be more than one liable party involved in your lawsuit, making it more complicated to file a legal claim and to get damages.
Due to these competing and potentially complex factors, you deserve a legal team with the right experience in insurance, personal injury cases, and bodily injury claims.
If you can show that someone else is responsible for the injuries you have sustained, this information becomes the basis of your personal injury claim. This may be handled alongside the damage component of a car accident claim, but is also viewed somewhat differently because of the long-lasting nature of your injuries. Unfortunately, far too many victims faced many challenges in pursuing personal injury claims because the insurance company may be difficult to work with or the other side may allege that your injuries are not as severe as you claim.
Due to the complexity of all of these different issues, it is vital to hire a dedicated and experienced lawyer who will begin Gathering evidence on your behalf and help to prepare a strong claim for you. We will look for all potentially liable parties who may be named in a lawsuit and relay this information to you as we discuss a trial strategy.
When to Retain Legal Help
The right personal injury lawyer can have a significant impact on your ability to resolve your bodily injury claim, including potentially resolving it outside of court in settlement conversations. Because of the scope of the complex issues at play, it is vital that you consult with a qualified and knowledgeable personal injury attorney immediately.
The lawyers at Morgan & Morgan are prepared to help you during an initial consultation so that you understand the full scope of your rights and what is involved in filing a lawsuit.
To get started, contact Morgan & Morgan for a free, no-obligation case evaluation.