TN Personal Injury Lawyer & Johnson City Personal Injury Attorney
Differences Between Personal Injury & Bodily Injury | Johnson City Personal Injury Lawyer
You might have heard the terms ‘personal injury’ and ‘bodily injury’ being used interchangeably. However, these terms are entirely different. Simply stated, personal injury is a type of claim that can be filed in court, while bodily injury is a type of physical damage sustained by an individual. In this article, we will explain the key differences between personal and bodily injury and what you may be entitled to collect if you are injured due to someone else’s negligence.
For over three decades, we have been helping injured Johnson City residents and visitors fight for maximum compensation in personal injury matters. Firm-founding attorney Mark Hurt has recovered millions of dollars in compensation for victims who suffered injuries as a result of the following:
- Car and Truck Accidents
- Commercial Truck, Semi, and 18-Wheeler Crashes
- Motorcycle Collisions
- Construction Accidents
- Dog Bites & Attacks
- Nursing Home Abuse & Neglect
- Slips and Falls
- Post-Traumatic Stress
- Wrongful Death
- Other Accidents
If you suffered injuries as a result of someone else’s negligence, call our office today to schedule a free consultation.
How Much Does a Johnson City, TN Injury Lawyer Cost?
At The Law Offices of Mark T. Hurt, we are a personal injury law firm that will tenaciously fight to get full and fair compensation for your injuries. We represent personal injury clients on contingency, meaning we do not require a retainer, we advance all litigation costs while a case is ongoing, and we only collect a fee if we are successful in obtaining a settlement or damages at trial.
Principal Attorney Mark Hurt and his team have obtained millions of dollars in personal injury trial awards and settlements in state and federal courts. Mark received a top education from Duke University School of Law and gained invaluable experience working at big litigation firms in Washington D.C. and Dallas, TX, before returning to the Tri-Cities area. If you are looking for a dedicated Johnson City Personal Injury Attorney, you can count on Mark Hurt to help you seek justice and the compensation you rightfully deserve.
What Is Personal Injury?
In Tennessee, personal injury is a type of civil claim filed against another person (or entity, such as a commercial driver, employer, manufacturer, or the government) who is responsible for inflicting harm as a result of negligence. In other words, if someone else’s careless actions or failure to meet a standard of care caused you harm, you may have a legal right to file for financial compensation to help cover expenses, such as:
- Medical Bills
- Rehabilitation & Therapy
- Transportation Costs
- Lost Income
- Lost Future Earning Potential
- Pain and Suffering
- Loss of Enjoyment of Life
Can I File a Personal Injury Lawsuit in Tennessee If My Loved One Dies of Their Injuries?
If a person loses their life during a personal injury case, the relatives of that person may be entitled to file a lawsuit for wrongful death. In Tennessee, a wrongful death claim is a special type of personal injury lawsuit in which an injured person is no longer able to bring his or her own claim (due to death). Under the law, certain family members or the personal representative of a decedent’s estate are allowed to file. Initially, the right to file belongs to a surviving spouse; however, if there is no surviving spouse, the claim belongs to the following parties (in order):
- Children or Next of Kin
- Personal Representative of the Estate
- Parent(s) (if the decedent was dependent on the parents at the time of death)
- Administrator of the Decedent’s Estate
If you lost a loved one in a tragic accident, we offer our sincerest condolences. At The Law Offices of Mark T. Hurt, we provide compassionate guidance to those left behind after fatal accidents. If you are unsure whether you are entitled to bring a claim, we can listen to the facts of your case and explain your legal options for holding those responsible accountable and recovering compensation.
How Long Do I Have to File a Personal Injury Claim?
If you suffered an injury due to someone else’s negligence, you only have a limited amount of time to file a claim. Whether you are appealing for justice in court or seeking a settlement with an insurance company, it is advisable to consult with an experienced personal injury lawyer (as soon as possible) to familiarize yourself with all the legal aspects of a personal injury case.
The statute of limitations that applies to most Tennessee personal injury cases is one year. This means whether an individual is injured in an automobile crash, a slip and fall, or another accident, a personal injury complaint will likely need to be filed within one year of the date of the underlying incident (unless an exception applies that will toll the statute of limitations). If a lawsuit is not timely filed, a victim may lose their right to fight for compensation in court. Consequently, it is critical to act quickly to ensure that this opportunity to seek monetary damages is not missed.
Can I Get Compensation If I Am Partially Responsible For An Accident?
It is possible to recover compensation if you are partially at-fault for an accident; however, the amount of compensation may be reduced or eliminated depending on your level of responsibility.
Tennessee uses a comparative negligence system, meaning liability is determined based on the level of negligence attributable to each party involved in an accident. For example, if your car is rear-ended while parked at a red light, you can file a personal injury case. However, if your brake lights were not working at that time of the collision, a court may deem you 20% at fault. As such, the maximum allowable compensation will be lowered by 20%.
Several states, including Tennessee, utilize a 50% rule. Under this rule, an accident victim may only collect damages if their fault is less than 50%. If a judge or jury determines that an individual’s liability is 50% or above, they are not entitled to collect damages.
What Is Bodily Injury?
Unlike personal injury, bodily injury is not a type of legal claim. Instead, bodily injury is used to discuss the physical damages a victim sustains in an accident. The specifics of bodily injury are mostly dealt with under criminal cases. For example, they are usually used to refer to the harm sustained by an individual during a crime. However, bodily injury is also commonly referenced in the context of insurance policies and claims.
Certain insurance policies have specific provisions that award compensation for bodily injury (known as Bodily Injury Liability Coverage). For example, if you own a business, your liability insurance policy likely has bodily-injury coverage, should a customer be injured on your premises. Alternatively, if you are injured in a car accident, the at-fault driver’s bodily injury insurance policy may cover your medical expenses.
How Can I File a Personal Injury Claim if I Sustain Bodily Injury?
Before you file a case in Tennessee, it is critical to have proof of your physical bodily injuries, such as:
- Photographs or any videos of the accident
- The police report or any other law enforcement documents
- Medical records from injury-related examinations
- Proof of lost wages for any work missed after the accident
- Records of all communications between yourself and insurance companies
- Receipts assigning a value to property damage
Having evidence readily available can help our experienced Johnson City personal injury team build the strongest case possible for maximum compensation.
Why Should I Hire The Law Offices of Mark T. Hurt?
At The Law Office of Mark Hurt, we have over three decades of legal experience and a track record of success in personal injury matters. When you hire our firm, we will do everything in our power to get you the full and fair compensation you rightfully deserve. Call our office today to schedule a complimentary case evaluation.