Regardless of the accident, Bodily injury is automatically subject to a right of reparation on the victim’s part. It can be a medical accident, an accident at work or in the event of an occupational disease, a traffic accident, or even an accident in everyday life. But how to delimit it, and what about its compensation? Learn about how to get family law clients here.
Definition Of Bodily Injury
It can be defined from different angles. What is general is that bodily injury is the physical and moral consequence of an accident or an attack. To obtain reparation or compensation, the victim is subject to a certain condition:
The bodily injury must be direct; that is, the injured or assaulted victim must be able to justify that his damage is closely related to the incident or accident.
In this case, there is a causal link between the damage and the event giving rise to it. This means that the damage is the direct consequence of the generating event.
It is also necessary that the bodily damage is at the time “t.” In other words, the damage must be visible or present at the very moment of the formulation or the request for reparation.
The damage must be personal; that is to say, only the injured person or the victim of the founded and proven aggression can claim compensation.
Regardless of the degree of this damage, they are all entitled to compensation calculated according to its severity and impact on the target. This compensation is made according to the law of compensation for bodily injury.
In most cases, the event at the origin must concern a generating person and an illness inherent to the victim.
In other words, the patient must prove the reality of the damages of which he is the victim, and the cause must be external to him.
The victim has the possibility of obtaining full compensation for his damage. According to this principle, all damage suffered by the patient must be compensated. Among all the damages, we can distinguish very different types:
Material damage includes damaged vehicles, items broken or lost in the accident, and torn clothing.
Bodily injury: aesthetic damage, pain damage, injuries that lead to incapacity, sexual damage, loss of enjoyment of your sports or leisure activities.
The economic damage affects the professional damage and the loss of income. Losses related to miscellaneous costs or human assistance are separate financial losses.
The patient ignores most of the items of damage intended to be compensated. Regardless of the degree or severity of the damage, a medical examination is always requested.
The help of a personal injury lawyer dallas tx like in Grow Law Firm for example is an asset because he knows perfectly which damages are compensable and which are not. It is a way of initially determining the evidence of the damage but also delimiting the extent.
The medical experts will make it possible to assess the damage and fix the consolidation of the victim’s injuries. This assessment will be contradictory but will not be binding on the judge, who is always sovereign in his assessment. On the other hand, in 90% of cases, the judge follows the legal expert’s opinion.