- October 10, 2024
- Tucker Law
- Personal Injury Lawsuits
If you’ve been in an accident that was the result of someone else’s negligent or wrongful conduct, you may be researching how to file a personal injury claim. A claim could be the best way to recover money for the medical expenses, lost wages, and emotional distress you’ve suffered. It’s a complicated process, however, especially when it relates to car accidents. You may come across all manner of terms you’re not familiar with. For example, “personal injury” seems clear enough, but is it the same as “bodily injury”?
The team at Tucker Lawyers provides guidance to New York clients who need compensation for their losses after an injury. Learn more about the difference between these two crucial terms so that you know what to expect from the claims process.
Schedule a free consultation with our personal injury lawyers by calling (516) 399-2364.
Defining Personal Injury
In lawsuits and legal claims, there is a difference between damage to a person and damage to their property. The term “personal injury” refers to harm to someone’s body, emotions, or reputation. Personal injury claims can be filed after:
- Car accidents
- Premises liability incidents
- Defective product injuries
- Medical malpractice.
Most personal injury claims rely on the legal theory of negligence. To prove negligence, you must demonstrate that the defendant owed you a duty of care — which they breached — and that their conduct led you to suffer compensable injuries. In a car accident caused by a distracted driver, for example, you can state that the driver owed you and everyone else on the road a responsibility to obey all traffic laws. If the driver broke the law by texting behind the wheel, they breached that duty of care. If you suffered significant injuries because of the driver’s negligent conduct, you can hold them liable.
Some types of personal injury claims, however, rely on strict liability. Cases based on strict liability don’t require you to demonstrate the defendant was negligent. All you have to show is that they caused your injuries. Many claims involving strict liability are related to defective products. If a product malfunctions and causes you harm, you just have to show that it was defective and caused injuries — not that the manufacturer was negligent in designing it. If your car accident was the result of a defective brake system, for example, you can rely on strict liability to file a claim against the manufacturer.
Personal Injury as Related to Car Insurance
You may also hear the term “personal injury” used about New York car insurance. The state follows no-fault laws that require you to file a claim against your own insurance if you’re in an accident, so every car owner must have personal injury protection (PIP) coverage. This is insurance coverage that pays for certain losses you suffer in an accident, regardless of who was at fault. It will pay up to $50,000 per person to the insured driver and their passengers, as well as to any pedestrians they injure.
PIP covers medical expenses as well as 80% of your lost income up to a maximum of $2,000 per month. It offers this benefit for up to three years after the collision. PIP also provides a daily reimbursement of up to $25 for other reasonable expenses, like transportation costs if your car is totaled, for up to a year after the accident.
Furthermore, PIP provides a $2,000 death benefit that goes to the estate of someone killed in an accident. This is in addition to the $50,000 per person limit.
Keep in mind that PIP doesn’t cover injuries that exceed that $50,000 limit or non-economic losses. To recover those losses, you could have to resort to a personal injury claim.
We’ve helped clients recover millions of dollars in settlements and jury awards in the decades we’ve been offering legal representation.
Defining Bodily Injury
Bodily injury is a type of personal injury. Personal injury encompasses any injury, whether physical, psychological, or reputational, while bodily injury refers solely to physical injuries. You’ll see this term used mainly in car accident claims.
Bodily Injury as Related to Car Insurance
If you or someone you allowed to drive your vehicle caused a car accident in New York and it resulted in injuries serious enough to exceed the victim’s PIP limits, your bodily injury liability coverage should pay for additional expenses. New York requires that you carry a policy that covers:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $50,000 per person if the accident resulted in their death
- $100,000 per accident if it resulted in more than one death.
You can pay higher premiums to increase these limits, too. Opting for higher bodily injury liability limits can prevent you from paying out of pocket in the event you’re held responsible for another person’s serious injury.
How a Lawyer Can Help After a Car Accident
Our Team Makes the Process Easier
If you’ve been in a car accident, it’s a good idea to talk to a lawyer whether you were to blame for the collision or not. Here are the most important reasons.
Lawyers Help You Understand Your Options
Many people assume that if they were partly at fault for a collision, they can’t file a claim and recover their losses. That’s absolutely false. New York is a no-fault state, which means you can start by getting help from your own insurer. If your losses are higher than your PIP limit, you have other options. The state’s pure comparative negligence laws allow you to recover money even if you’re mostly to blame for the accident.
However, a personal injury claim is not always an option after a car accident injury. The injury must be quite serious and lead to significant losses. If you want to learn whether you’re eligible, speak to one of our personal injury lawyers about the accident and your legal options.
Lawyers Gather Evidence
When you file a no-fault claim, you don’t have to gather evidence to show that someone else caused the accident. In contrast, evidence is important in a personal injury claim. To win your case, you must show that the other person was at least partly responsible for the collision.
If you’re eligible to file a personal injury claim, your injury is very serious. You may still be at the hospital, or you might have trouble getting around. The last thing you want to worry about is chasing after witnesses or tracking down video footage. Our team can take on this task for you.
Lawyers Negotiate With Insurance Companies
Negotiating with insurance companies for a settlement takes skill. Insurers want to find a way to pay you as little as they can get away with. The other party’s insurance company may try to slow down the claims process, dispute the evidence, or attempt to pin all of the blame on you. It knows that you’re in need of help right away, so it might make a low offer — which you may be tempted to accept just to be done with the process.
With a lawyer, you have a stronger chance of receiving fair compensation. Your lawyer will aggressively negotiate to win you the settlement you need to cover your medical expenses, lost wages, and emotional distress.
Lawyers Can Take Your Claim to Court
Sometimes reaching a settlement is impossible. An uncooperative insurance company may put up all kinds of obstacles to keep you from getting compensation. You have another option, however: Your lawyer can take your case to court. Because litigation requires extensive training, you don’t want to undertake it without having a lawyer.
What Damages Can You Claim After a Car Accident?
The damages you can claim after a New York car accident depend greatly on the type of claim you pursue.
Recovering Losses With a No-Fault Claim
If you file a no-fault claim with your PIP insurance provider, you can receive coverage for your medical expenses, including all necessary and reasonable treatments. You’ll also receive up to 80% of your lost wages. You’re not able to receive compensation for pain, suffering, and emotional distress in a no-fault claim.
Recovering Losses With a Personal Injury Claim
With a personal injury claim, you can ask for significantly more. Economic damages from such a claim may compensate you for medical expenses, including hospital bills and rehabilitation costs, as well as any future care you’ll need.
These damages may also include all of your lost income, not just 80%. Crucially, you can also claim loss of earning potential, which is compensation for the future wages you would have received if the accident hadn’t occurred. If you aren’t able to return to work in the same capacity as before the accident or if you now have a disability that prevents you from working, you deserve to have these losses recognized in your claim.
Personal injury claims allow you to also receive non-economic damages. These compensate you for losses that aren’t financial. Pain and suffering and loss of enjoyment of life are examples of non-economic damages, as is loss of consortium. Loss of consortium is compensation for the loss of support and companionship you experience if a loved one has died in the accident.
Filing a Claim After an Accident
Tucker Lawyers Will Answer Your Questions
When you’ve been injured and are ready to file a claim, it helps to understand terms like “personal injury” and “bodily injury.” To get more answers to questions about your accident claim, schedule a consultation with one of our New York personal injury lawyers.
At Tucker Lawyers, we can help you file a claim after an accident. Call our team at (516) 399-2364 to learn about your options.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]