After an accident in which someone was hurt, you may be wondering if your injury is considered a bodily injury. The term bodily injury refers to any type of injury someone may suffer in the crash. The injury may be easily visible, such as a broken leg or a laceration, or it may be something that is not as visible, such as a concussion or a traumatic brain injury.
For insurance purposes, bodily injury refers to a type of liability insurance coverage that many states require automobile operators to carry. With this type of insurance coverage, should a driver cause an accident in which someone is injured, the driver’s bodily injury liability insurance may cover the costs of medical care required by the victim.
Protecting Victims
Through bodily injury liability insurance coverage, the policy is intended to protect victims of accidents from facing significant medical bills. This is important for anyone hurt in an accident. If the victim or the offending driver is carrying bodily injury liability insurance, the victim will not have to pay his or her medical bills out of pocket.
Compensation for Pain And Suffering
You will be able to claim a number of injuries under bodily injury liability insurance, including medically documented hospitalizations or treatments. Additionally, the bodily injury liability insurance may also include a provision that would pay the victim for emotional trauma, pain, suffering, and any reduction in quality of life going forward because of the accident.
If you are the victim of an accident, you and your attorney can work to estimate a fair settlement value for your pain and suffering, both now and in the future. You can then negotiate with the insurer to attempt to receive this amount you are seeking. If negotiations fail, the case can go to court, where a jury or a judge will make a determination.
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Protecting the Driver
According to Florida Statutes §324.021, drivers in the state of Florida are required to carry a certain amount of bodily injury liability insurance. Not carrying the proper amount of insurance is an illegal act and can result in a traffic ticket for the driver and other penalties.
Bodily injury liability insurance coverage may work differently depending on state laws that govern fault in insurance claims. For instance, in the state of Florida, the state operates under a no-fault insurance system, according to Florida Statutes §627.7407. This no-fault law requires injured victims to first file for any claims through their own insurance company. However, victims may pursue a personal injury lawsuit against an offending driver under certain conditions of severe injury.
Defining Negligence
Certainly, most drivers don’t intend to make a mistake behind the wheel that results in an accident that severely injures someone else. However, if a driver acted carelessly behind the wheel and their carelessness led to an accident, they may be found liable for negligence.
Common forms of driver negligence may include:
- Speeding
- Driving recklessly
- Failing to signal a turn
- Failing to maintain a lane
- Traveling in the wrong direction
- Failing to yield the right-of-way
- Driving while impaired
- Driving while distracted
- Fatigued driving
Depending on the circumstances of an accident, a driver may have displayed multiple forms of negligence that resulted in a collision.
Working to Prove Negligence
Demonstrating negligence on the part of the offending driver is a key component to a successful personal injury claim. If you and your attorney cannot show that the other driver behaved in a negligent manner, the driver’s bodily injury liability policy may not compensate you for your losses.
Sometimes, the insurance company for the offending driver will admit that the driver was at fault. In this case, you may not have to take further steps to demonstrate negligence. Other times, you and your attorney may have to use evidence to demonstrate negligence in your injury claim such as the police report, interviews with witnesses, and other evidence.
Bodily injury is considered to be any type of injury that someone else causes through a negligent act or an accident.
Even though liability insurance coverage is intended as a protection for victims in accidents, filing an injury claim with an insurer can be complex. You may have to negotiate with an insurance company to receive a fair settlement for your losses. Similarly, you may have to take several steps to demonstrate that your injuries are as severe as you and your doctor believe they are.
This is where a personal injury attorney like Bogin, Munns & Munns can help.
We Defend the Rights of Victims to Seek Compensation
If you choose to work with us, we can negotiate with the insurer on your behalf, using the facts in the case to help you recover a fair settlement amount. In the event that the case goes to court, we will stand by your side.
Contact us for a free consultation today.
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