What Is Considered Bodily Injury in a Car Accident?

Words compensation bodily injury, concept of what is bodily injury in a car accident

Car accidents can be devastating, often resulting in serious injuries that can have long-lasting effects on victims’ lives. You’ve probably heard the phrase bodily injury in the context of car insurance claims. But what is considered bodily injury in a car accident?

In simple terms, bodily injury refers to physical harm from an auto accident. Understanding bodily injury insurance and the claims process is crucial for anyone involved in a collision in Georgia.

If you’ve been hurt in a car crash caused by someone else’s negligence, our team at the Weinstein Firm is here to help you with your personal injury claim. Contact our experienced Atlanta car accident lawyers today for a free consultation. We’re dedicated to helping clients across Georgia secure the maximum compensation.

What Is Considered Bodily Injury in a Car Accident?

Bodily injury in a car accident refers to physical injuries sustained. These injuries can range from minor bruises and cuts to severe, life-altering conditions. Bodily injury also includes illnesses, and medical conditions caused by the auto accident.

Examples include:

  • Whiplash
  • Burns
  • Back injuries
  • Broken bones
  • Cuts, contusions, and bruising
  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal injuries
  • Loss of limbs
  • Loss of bodily function or cognitive impairment
  • Disfigurement

A severe injury can leave car crash victims struggling with costly medical bills and lost wages from missing work during recovery. Even seemingly minor injuries like whiplash can cause chronic pain and discomfort, affecting a person’s quality of life and ability to work.

The average car accident settlement in Georgia is around $23,900, but this figure can vary significantly based on the severity of your injuries and other factors.

What is considered bodily injury in a car accident, injured driver with crutches

What Is Bodily Injury Liability Coverage?

Bodily injury liability insurance helps pay for physical injuries to others if you’re responsible for an accident. Bodily injury insurance generally covers the following:

  • Medical expenses: This includes hospital bills, doctor visits, medications, and any necessary ongoing treatments or rehabilitation.
  • Lost wages: If the injured victim cannot work due to their injuries, the at-fault driver’s insurance may cover their lost income.
  • Pain and suffering: Victims can seek compensation for the physical pain and emotional distress caused by the accident.
  • Wrongful death: If the victim dies in a traffic accident, the at-fault driver’s bodily injury insurance coverage will help pay for funeral expenses in a wrongful death claim.
  • Legal fees: If the injured party decides to sue, the at-fault driver’s bodily injury liability insurance may cover their legal defense costs.

If the other driver is at fault, their bodily injury coverage pays for your medical bills, lost wages, and pain and suffering up to the policy limits.

What’s the Difference Between Bodily Injury and Property Damage Liability Insurance?

Both types of liability insurance coverage offer financial protection if you’re at fault in a car accident. The responsible driver’s bodily injury liability coverage helps pay for the accident victim’s medical costs and lost wages. Property damage liability coverage pays for damage to the accident victim’s vehicle up to coverage limits.

Liability insurance coverage does not cover the policyholder’s injuries or damage to their vehicle. For that, drivers would need personal injury protection (PIP)/medical payment coverage and collision coverage.

Bodily injury liability insurnace concept, words compensation bodily injury

Minimum Car Insurance Requirements in Georgia

In Georgia, drivers are required by law to carry a minimum amount of bodily injury liability insurance and property damage insurance. The minimum coverage limits in Georgia are:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

These limits are often written as 25/50/25. However, it’s important to note that these are just the minimum requirements. Many drivers choose to carry higher limits to protect themselves in case of a serious accident where damages exceed these minimums.

What happens if the at-fault driver’s bodily injury liability insurance doesn’t fully cover your medical costs and losses? You could sue the at-fault driver directly. However, they may not have enough financial assets to pay if you win your legal claim. Alternatively, if you have uninsured/underinsured motorist coverage, you can file a claim with your own insurance company to help make up the difference.

Filing a Bodily Injury Claim

If you’ve been hurt in a car accident in Georgia, filing a bodily injury claim is a crucial step in seeking compensation for your injuries. The process can be complex, but understanding the steps involved can help you navigate it more effectively.

Georgia uses an at-fault system for car accident claims, meaning that the at-fault driver’s insurance coverage pays for the victim’s physical injuries and property damage. You can file a third-party claim against the driver’s insurance company.

Seek Medical Attention

Your health should be your top priority. Seek immediate medical attention after the accident, even if you don’t think your injuries are severe. Some injuries may not be immediately apparent, and having a medical record will be crucial for your claim.

Gather Evidence

Collect as much information as possible about the accident. This includes police reports, witness statements, photographs of the accident scene and your injuries, and any other relevant documentation.

Notify Your Insurance Company

Inform your insurance company about the accident as soon as possible. Be careful about what you say, as your statements could be used against you later.

Contact a Personal Injury Attorney

Before proceeding with your claim, it’s advisable to consult with an experienced car accident attorney. They can guide you through the process and help protect your rights.

File the Claim

Your attorney will help you prepare and file a formal claim with the at-fault driver’s insurance company. This typically involves sending a demand letter outlining your injuries, damages, and the compensation you’re seeking.

Georgia car accident lawyer filing bodily injury claim

Negotiation

The insurance company will review your claim and may make a settlement offer. Your attorney will negotiate with the insurance company to secure the maximum possible settlement.

Lawsuit

If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a personal injury lawsuit. This moves your case into the court system, where a judge or jury will ultimately decide the outcome.

In Georgia, you generally have two years after a car accident to file a personal injury lawsuit. This is known as the statute of limitations. Failing to file within this timeframe could result in losing your right to seek compensation.

Compensation in Car Accident Cases

If you suffered bodily injuries in a car wreck, you could recover various types of compensation in a successful personal injury claim. These can be broadly categorized into economic and non-economic damages.

Economic Damages

Economic damages are those that have a specific monetary value attached to them. They include:

  • Medical Bills: This covers all costs related to your medical treatment, including hospital bills, doctor visits, medications, physical therapy, and any future medical care you may need as a result of your injuries.
  • Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost. This also includes future earnings if your injuries result in long-term disability.
  • Property Damage: While not directly related to bodily injury, you can also claim compensation for damage to your vehicle or other personal property in the accident.

Non-Economic Damages

Non-economic damages are more subjective and don’t have a precise dollar value. They include:

  • Pain and Suffering: This compensates you for the physical pain and mental anguish you’ve experienced due to your injuries. This can include chronic pain, anxiety, depression, and PTSD.
  • Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once did, you may be entitled to compensation for this loss.
  • Loss of Consortium: In severe cases, your spouse may be able to claim compensation for the loss of companionship and support due to your injuries.

In some cases, punitive damages may also be awarded in a lawsuit. These are not meant to compensate the victim but to punish the at-fault party for particularly reckless or egregious behavior.

Atlanta Car Accident Lawyer Meeting Injured Man

How an Atlanta Car Accident Lawyer Can Help

Navigating the aftermath of a car accident can be overwhelming, especially when dealing with serious bodily injuries. An experienced Atlanta car accident lawyer can provide invaluable assistance throughout the process.

Gathering Evidence

A personal injury lawyer will gather and preserve evidence to support your case. This may include:

  • Collecting police reports and accident scene photographs
  • Interviewing witnesses
  • Obtaining and analyzing your medical records
  • Consulting with medical experts to understand the full extent of your injuries and future medical needs
  • Enlisting an accident reconstruction specialist

A thorough investigation can make a significant difference in the strength of your bodily injury claim.

Calculating Fair Compensation

Determining the full value of your claim can be complex, especially when it comes to calculating pain and suffering. An experienced car accident lawyer will have the knowledge and resources to accurately calculate the full extent of your damages, ensuring that you don’t settle for less than you deserve.

Negotiating with Insurance Companies

Insurance companies are often more interested in protecting their bottom line than in fairly compensating accident victims. An experienced car accident lawyer knows how to negotiate with insurance companies for a fair settlement. They understand the tactics insurance adjusters use and can counter lowball offers with solid evidence and persuasive arguments.

Representing You in a Personal Injury Lawsuit

If a fair settlement cannot be reached through negotiation, your lawyer will be prepared to take your case to court. They will handle all legal aspects, including:

  • Filing the lawsuit within the statute of limitations
  • Conducting discovery to gather additional evidence
  • Deposing witnesses and experts
  • Presenting your case in court
  • Cross-examining the defense’s witnesses
  • Making compelling arguments to the judge or jury

Having a skilled personal injury lawyer on your side is critical.

Contact Us Today for a Free Case Review

In car accident claims, bodily injury refers to physical injuries and medical conditions caused by the collision. The at-fault driver’s bodily injury liability insurance covers the accident victim’s medical bills and lost income up to policy limits.

Dealing with insurance claims and the legal process after a car accident can be complicated and stressful. With the right legal representation, you can focus on your recovery while your Georgia personal injury attorney works to secure the compensation you deserve.

If you’ve been injured in a car accident in Atlanta, contact the Weinstein Firm. Our team has extensive experience handling personal injury cases and has recovered millions of dollars for accident victims in Georgia. Call 770-HELP-NOW or contact us online today for a free consultation.

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