What is Considered Bodily Injury in a Car Accident?
A car accident happens in an instant, but its effects can linger for years. While damaged vehicles and broken glass are the most visible signs of a crash, the most serious consequences are often the injuries sustained by those injured in the accident. In personal injury law, “bodily injury” is a broad legal term that is more than about cuts and bruises. It includes a wide range of physical harm from damage to muscles and fractures, to traumatic brain injuries (TBI) and long-term disabilities. It’s important to understand what constitutes bodily injury after a car accident because it can affect the type of medical care you need to how your insurance claim is handled, and the compensation you may be entitled to receive.
What is Bodily Injury?
Bodily injury refers to any physical damage, harm, or illness sustained by a person as a direct result of an accident. This definition is intentionally broad to cover the full spectrum of physical trauma. It’s not limited to the injuries you can see right away, but also includes symptoms and conditions that may not appear until hours, days, or even weeks after the crash.
What is Bodily Injury Insurance Coverage?
Bodily injury liability coverage in an auto insurance policy covers the other party’s medical expenses, lost wages, and related damages if you are found at fault for an accident. On the other hand, if another driver caused the accident and your injuries, you would pursue compensation through that driver’s bodily injury liability coverage by filing a claim against their insurance policy.
What Are Common Types of Car Accident Injuries?
Some injuries from car accidents are immediately obvious at the scene, while others may not be present right away or cause symptoms until hours or days later.
Soft Tissue Injuries
Soft tissue injuries are the most common injuries from car accidents. Examples of these injuries include:
- Whiplash⎯Whiplash happens when the head is thrown backward and then forward with a lot of force. This motion strains the neck’s muscles and ligaments, causing pain, stiffness, and reduced range of motion.
- Sprains & Strains⎯These injuries can affect any joint in the body (i.e. wrists, ankles, and knees) when ligaments are stretched or torn during the impact. Back strains are very common injuries from a car accident because the sudden twisting and force of a collision puts stress on the muscles and supporting structures of the spine.
Head & Brain Injuries
Even in collisions that appear minor, a driver or passenger’s head can strike the steering wheel, dashboard, or window, potentially causing a concussion or other TBI. Examples of head and brain injuries include:
- Concussions⎯A concussion is a mild TBI that can cause headaches, confusion, dizziness, and memory problems.
- TBI⎯In more severe collisions, the force of impact can cause TBI that cause lasting cognitive impairment, physical disabilities, personality changes, or in serious cases, a coma.
Fractures & Broken Bones
The massive force of a collision can easily break bones. Common fractures and broken bones from a car accident include:
- Legs and arms
- Ribs
- Pelvis
- Facial bones
- Spine
Complex fractures often require surgery, which can involve the use of plates, rods, or screws to properly stabilize the bone. Recovery can be lengthy and challenging, often requiring extensive rehabilitation.
Spinal Cord Injuries
Damage to the spinal cord is one of the most severe injuries from a car accident. An injury to the spinal cord can cause:
- Partial or complete paralysis
- Loss of sensation
- Chronic pain
- Loss of bladder or bowel control
Internal Injuries
The blunt force trauma from a car accident can damage internal organs. These injuries are particularly dangerous because they are not visible and can be life-threatening if not diagnosed quickly. Common internal injuries include:
- Internal bleeding
- Organ damage to the liver, spleen, or kidneys
- Punctured lungs
How Are Bodily Injury Claims Assessed?
Bodily injury claims are assessed by evaluating the extent and impact of the injury on the claimant’s life. Insurance adjusters and personal injury attorneys review medical records, treatment costs, and any ongoing care needs, as well as factors like lost wages, pain and suffering, and how the injury affects daily activities. The goal is to determine a fair settlement for bodily injury that accounts for both financial losses and the personal impact of the injury.
Medical Assessment for Bodily Injury
A medical assessment is part of the claim process to diagnose and treat injuries. This assessment involves:
- Initial Examination⎯Getting a medical evaluation as soon as possible, even if you feel fine because adrenaline can mask injuries, so concussions, internal bleeding, and soft‑tissue damage may not become apparent until hours or even days later. This also creates a documented medical record that can be important for insurance or legal claims later.
- Diagnostic Imaging⎯You may need an X-ray, CT scan, or MRI to check for any internal injuries that aren’t immediately visible.
- Ongoing Treatment⎯After the initial evaluation, your primary care physician and any specialists you may need to see, will create a treatment plan. This treatment plan documents the full scope of your injuries, required medical treatments, and an estimated recovery timeline.
Comprehensive medical records are extremely important for a bodily injury claim because it’s detailed and objective documentation of the injuries and suffering from the car accident.
Legal Assessment for Bodily Injury
Postman Law’s personal injury attorneys will assess bodily injury to determine the full extent of damages and what is a fair compensation for your claim. We’ll review:
- Medical Bills⎯This includes all medical expenses related to your treatment (i.e. ambulance and emergency room services, surgeries, therapies, medications, and any anticipated future care)
- Lost Wages⎯If your injuries keep you from working, you may be entitled to compensation for lost wages. In cases where your ability to earn a living is permanently impacted, claims can also cover loss of future earning potential.
- Pain & Suffering⎯This is a non-economic damage that compensates you for the physical pain, emotional distress, and loss of enjoyment of life resulting from the injury. It’s usually calculated based on how severe the injury is and the effects on your everyday life.
What is the Bodily Injury Claims Process?
When you file a bodily injury claim, you’re seeking compensation for the injuries and losses you sustained in a car crash. This will include a review of your medical records, treatment costs, lost wages, pain and suffering, and the effects of the crash on your everyday life. Postman Law’s personal injury attorneys will negotiate with the at-fault driver’s insurance company to protect your rights and ensure you receive the maximum compensation you deserve.
What Should I Do If I’ve Suffered Bodily Injury From a Car Accident?
If you are injured in a car accident, the actions you take immediately afterward can significantly impact your recovery and ability to secure fair compensation.
- Prioritize your safety and seek medical attention immediately
- Call 911 and report the car accident
- Gather evidence at the scene, if you’re able to (i.e. take photos or videos of damages to yourself and any passengers, injuries, road conditions, and get contact information of any witnesses)
- Contact a personal injury attorney who’s experienced in securing compensation for clients who’ve been in a car accident
Should I Get an Attorney For a Car Accident?
Suffering a bodily injury in a car accident can be physically, emotionally, and financially overwhelming. From medical bills to lost wages, the impact can extend far beyond the initial crash. Hiring a personal injury attorney from Postman Law will ensure you get the compensation you deserve by handling negotiations with the at-fault party’s insurance company, filing all necessary paperwork on time, as well as making sure your rights are protected throughout the process.
After a car accident, having an experienced car accident attorney on your side can make a significant difference in both the outcome of your claim and your peace of mind. We offer free, no-obligation case consultations to discuss your case and what your options are. Contact us today by calling 844-POSTMAN or filling out our online form. We have offices in Cincinnati, Denver, Chicago, and Minneapolis, but also serve clients nationwide, and have helped secure thousands in motor vehicle accident settlements.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
Finding the right car accident attorney in Minneapolis can make a big difference in the outcome of your personal injury claim. At Postman Law, we specialize in representing clients injured in car accidents and will guide you through the legal process, handle negotiations with insurance companies, and fight for the compensation you deserve. Contact us for a free case evaluation.
Postman Law’s Denver car accident attorneys are experienced in fighting for accident victims rights and fair compensation in rollover crashes. You only pay if we win your case. Call us for a free case review today.
Postman Law has the best Cincinnati car accident attorneys, representing clients across a wide range of personal injury cases. We work on a contingency fee basis, so you only pay if we win. Contact us for a free case consultation.
Choosing an experienced car accident attorney in Chicago can make all the difference in the outcome of your claim. Postman Law’s Chicago personal injury attorneys have helped clients recover thousands in motor vehicle accident settlements. Call us for a free, no-obligation case consultation today.
The length of time it takes to settle a car accident claim varies depending on the complexity of the case. Car accidents with clear fault and minimal injuries may settle in a few weeks to a few months while more serious accidents involving major injuries, disputed liability, or extensive property damage can take several months to over a year to settle.
Personal injury settlements are determined by economic damages (i.e. medical expenses, lost income, and property damage) and non-economic damages (i.e. pain and suffering, loss of enjoyment in life, disability, and psychological impact).
The amount of bodily injury liability coverage you need depends on several factors like your state’s minimum requirements, personal financial situation, and risk tolerance.
Bodily injury settlements can vary greatly depending on several factors, including the severity of the injury, medical expenses, lost wages, pain and suffering, and who is at fault. Other factors like insurance coverage limits, the degree of liability, and the strength of evidence also help determine the final settlement amount.
Fault in a car accident is determined by examining evidence like eyewitness accounts, the police crash report, and documentation of the accident scene. Based on this information, insurance companies, personal injury attorneys, and the courts can determine who caused the collision and who is responsible for damages. Some states apply comparative or contributory negligence rules, which can split or limit fault between drivers. If you’re in Illinois, learn how comparative fault impacts your settlement. If you’re in Ohio, learn how comparative fault impacts your settlement.
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