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(877) 880-4090Personal injury is a term you often see in legal and insurance claims. The phrase’s meaning is muddled because there is inconsistency in how it gets used. Within the legal realm, the definition is pretty standard, but in the insurance world, there are two basic definitions of personal injury. Which definition applies depends on what type of insurance it is.
Personal injury is add-on coverage you can get with your homeowners insurance policy. Though it seems like it would be the same type of protection as your personal liability coverage, it isn’t.
Homeowners and renter’s insurance both typically come with personal liability coverage. This coverage protects you if someone sustains bodily injuries or property damage as a legal guest on your property. If a visitor slips and falls on your property and gets hurt, and you were at fault for the accident, your personal liability coverage would pay for:
Your liability coverage would also pay for your defense if someone sued you because of bodily injuries sustained on your property. Some policies include dog-bite claims, while others do not or exclude specific dog breeds.
Personal liability protection is for accidental harms — though you may bear fault — due to negligent behaviors. Your insurance would not cover damages if you intentionally hurt someone or damaged another person’s property.
Homeowners personal injury insurance offers protection for injuries other than bodily harm. In this instance, personal injury coverage is still third-party protection. The endorsement pays for damages when someone accuses you of any of the following personal injuries:
A personal injury endorsement will also pay for your legal defense if someone makes a personal injury legal claim against you.
If you were to falsely accuse a visitor of stealing from you and have them arrested, that person might sue you for false arrest. If you had a personal injury endorsement on your homeowners policy, it would cover your legal defense and damages from the lawsuit up to the terms of your policy. While this type of coverage protects you when others visit your property, it would also be what you would need if another individual filed a defamation lawsuit for comments you posted on social media.
Business insurance is set up a little differently than homeowners insurance. Most business owners have general liability policies. These policies offer a wide range of protections. Unlike homeowners insurance, commercial general liability policies automatically include personal injury protection. A general liability policy still delineates between bodily injury and personal injury, where bodily injury is physical harm to a persona and personal injury is non-physical harm.
Non-physical harms include the same types of injuries you get with personal injury coverage in a homeowners policy. However, it would also involve depriving others of their freedoms, such as denying a renter based on individual attributes like ethnicity or religion. Additionally, the policy protects against accusations of slander or libel in advertising campaigns.
The term personal injury is perhaps most confusing in the auto insurance world. Insurance coverages vary based on whether the state is an at-fault or no-fault car insurance state. Your exposure and familiarity with the term personal injury in your auto coverage may depend on your state of residence.
If you live in an at-fault car insurance state, like Idaho, you might not encounter personal injury in your car insurance policies. Though many companies offer personal injury protection, at-fault car insurance states don’t tend to require the coverage.
Some at-fault states, including Texas, require insurers to offer personal injury protection. In Texas, motorists must decline PIP coverage. If they don’t, it’s automatically included in their auto insurance.
Personal injury protection pays for medical expenses, a percentage of lost wages, some non-medical expenses and funeral costs if you or your passengers are physically harmed in a car accident. Covered expenses are only for costs related to bodily injuries.
In no-fault auto insurance states like Utah, motorists are legally required to carry PIP insurance. In these states, drivers and their passengers file an insurance claim with their own provider, regardless of who is at fault. In some states, coverage is unlimited, while other states establish a minimum level of protection.
As with PIP coverage in at-fault states, personal injury refers only to bodily injury. It does not pay for any of the damages you see covered in personal injury coverage for homeowners or general liability insurance for businesses. As with PIP coverage in at-fault states, this coverage only pays for your economic losses due to medical and rehabilitation expenses, a percentage of lost wages — usually for a specified time — and some related costs.
If your injuries are serious, you will not likely recover the full extent of your damages. PIP coverage and any other type of auto insurance coverage do not pay for non-economic losses. Furthermore, there are often limits on what the insurance policy pays out. You may need to file a legal claim to recover additional damages.
Legally, personal injury encompasses the definitions you see in all three insurance types. Personal injury is harm to your physical person, mental and emotional health or reputation. States establish laws that regulate when and how personal injury claims proceed. There are also regulations that stipulate the role fault plays in compensation.
The court system does not allow people to file lawsuits simply because they feel they’ve been wronged. Before proceeding with a suit, you must demonstrate that your case has legal merit. While some bring forth cases with the primary accusation of slander or libel, most personal injury cases are related to accidents or other incidents that result in bodily harm. They are also usually based on acts of negligence rather than malicious intent or strict liability. In these instances, you must have proof of serious injury to pursue a legal claim.
If your case has merit, you can pursue a lawsuit. No matter how serious your injuries are, you might not recover all your losses. Most states have either pure comparative negligence or modified comparative negligence rules that impact the outcome of your case.
In pure comparative negligence states, you receive a percentage of the total amount awarded based on your level of responsibility for the accident. If you were 80% at fault, you would receive the total award minus 80%, or 20% of the assessed damages. In states that follow modified comparative fault rules — such as Utah, Texas and Idaho — you can only recover damages if your liability is 50% or less. A personal injury attorney can help you recover the compensation you deserve.
Fielding Law is here to help you recover fair compensation for injuries you sustained due to someone else’s negligence. Whether you need someone to stand up for you with the insurance companies or fight for you in lawsuit proceedings, we have the experience and knowledge you need to get the best possible outcome. Contact us today to schedule a free case review. You won’t pay any fees unless you win your case.