When injury types must be classified for the purpose of pursuing an insurance claim or filing a civil suit, it’s important to differentiate the differences between bodily injury and personal injury.
Why the Distinctions Matter in Civil Injury Claims and Lawsuits in Louisiana
Though they are often used interchangeably, when an injury victim wants to receive monetary compensation for their damages, the legal definitions and implications determine what’s required and how to proceed civilly. If you are considering pursuing a personal injury claim, understanding the differences could improve your chance of recovery.
The attorneys at Gordon & Gordon Law Firm explain the differences here.
What is Considered Bodily Injury in Louisiana
Under Louisiana law, the bodily injury means tangible injuries such as bleeding, bruises, lacerations, broken bones, paralysis, amputations and fatalities. In some cases, it may include emotional or psychiatric injury.
A bodily injury means physical damage to a person’s body but caused under different circumstances than when a personal injury occurs. In legal terms it is defined as a cut, abrasion, bruise, bruise burn or disfigurement; severe and disabling pain; illness; impairment of body function; or any injury to the body caused by someone else under certain circumstances or incidents. Under the United States criminal code, bodily injury describes injuries that result in specific physical damage or sexual abuse, all compensable in civil proceedings.
For instance, in vehicle accidents, bodily injury liability insurance companies pay compensation for the injuries of other drivers, passengers, or pedestrians in cases where the insured is to blame for an accident. When a civil lawsuit is pursued against an individual, these same definitions apply. In both an insurance claim and bodily injury civil lawsuit, you are entitled to monetary compensation for out-of-pocket expenses, lost wages, medical treatment, rehabilitation, and other medically related costs. In addition, you may receive compensation for future loss of income, disfigurement, amputation, permanent disability, and other impairments.
What is Considered Personal Injury in Louisiana
When a person has been injured because an individual or entity has acted in a negligent, reckless, careless or intentional manner, it is considered a personal injury. One difference between personal injury and bodily injury is that the harm doesn’t necessarily have to be a physical wound. Personal injury civil rules apply for the following types of incidents:
Accidents that may include vehicle collisions, property liability such as slip and fall incidents, medical malpractice and other similar incidents.
Defective products qualify as personal injury when a consumer product, equipment or drugs were irresponsibly marketed and/or inadequately tested and caused person harm even when there was no conscious intention to injure.
Defamation when damaging, untrue statements were made to harm a person’s reputation and/or livelihood.
“Intentional“ criminal acts when a person’s intentional conduct caused injuries to a victim such as assault and battery and other physical attacks including homicide.
When a victim’s case qualifies for personal injury litigation—tort action–, they are entitled to file a civil lawsuit for monetary compensation for their losses. The courts provide for an injured person under tort law to be “made whole” financially after they’ve suffered harm because of another’s negligent, reckless, careless or intentional actions.
Louisiana Statute of Limitations for Personal Injury
When an accident causes a fatality, a surviving loved one has the right to make a personal injury claim and sue for the losses created by the death.
The Statute of Limitations Are Strict—Missing A Deadline Can Permanently Bar You From Achieving Any Monetary Settlement
In Louisiana, you are required to file a personal injury or bodily injury claim within one year from the time you were harmed. If you fail to make a claim within this time limitation, you will very likely permanently lose the right to file a civil lawsuit.
No-Upfront Costs or Fees for Taking Your Case
Gordon & Gordon Law Firm brings 30 years’ combined personal and bodily injury experience to the fight for your just compensation throughout Louisiana. As the founding partners, attorneys Daniel and Stephen Gordon and their legal team make a concerted effort to thoroughly understand your unique circumstances, always treating you with compassion and sensitivity during this challenging time in your life. As lifetime Louisiana residents, our firm takes great pride in treating our clients with the utmost respect as we provide highly skilled representation towards the most optimal outcome.
And because we know you have too many concerns already, you’ll never have to pay us a cent up-front. If we take on your case, we’ll cover all the costs of preparing your case. Only when you get paid, will we get paid a pre-agreed fee.
Contact Gordon & Gordon Law Before Your Time To File Runs Out
For help with the complexities of filing an injury claim, your odds of winning compensation are increased when you have a Louisiana personal injury attorney to guide you through the complex and confusing process, filings, proceedings, and deadlines. For a prompt, personal appointment, call us today at 318-716-HELP (318-716-4357) for your free, no-obligation consultation with our personal injury team.
Our offices are located in Shreveport, Bossier City or Mansfield. If you prefer to email us a confidential message, send it here on our contact form. But if you’re too injured to visit us, we’ll come to you whether you’re recovering at home or are in a hospital or rehabilitation facility.