A personal injury occurs when someone’s negligence or willful actions cause injury or loss of life to someone else. The injured party is likely to pursue compensation for these injuries by filing a claim or lawsuit and may decide to hire legal representation.
If you or someone you love has experienced a personal injury, you may be interested in knowing that most personal injury claims do not end up in court but reach a settlement beforehand. When this happens, the injured party saves on legal costs and may end up with more money in their pocket. If you are unsure about the best course of action to recover compensation for your injuries, click to read more on what personal injuries are and how to proceed with your case.
Are All Injuries Due to Accidents Considered Major?
Most people suffer minor injuries following an accident. These injuries involve muscles, tendons, and ligaments. They may appear following a fender bender or other minor crashes. However, you should not discard the thought of filing a claim simply because you have a minor injury. In many cases, these injuries worsen over time. Before making a decision, See a medical professional and obtain an accurate diagnosis of your condition. Your doctor may discover that you have damage to internal organs or internal bleeding.
Whiplash
Whiplash is one of the most common injuries people have after an accident and can be seen as minor. Although you may believe the symptoms will disappear in a couple of days, you may start to feel stiffness and neck pain, headaches, pain in your jaw, back pain, fatigue, or dizziness shortly after the crash.
What appeared to be inconsequential may turn into something hard to prove should the case go to trial. The longer you wait to get checked out, the less serious your injury will seem. The other party’s insurance company will likely use that against you. Make sure your doctor states in your medical record exactly when the whiplash was first diagnosed and how it was treated.
What Constitutes a Major Injury?
Major or severe injuries are defined by their nature, the part of the body that was injured, the type of incident that caused it, and the duration of the medical leave needed to treat them. Examples of major injuries include:
- Amputation
- Blindness
- Burns
- Concussions
- Deafness
- Paralysis
- Multiple fractures or dislocations
- Traumatic brain injury
How Do Insurance Companies Value Personal Injury Claims?
When it comes to determining how much your claim is worth, the insurance company will use a formula that includes several factors to help them attach a dollar figure to your injuries and losses. The formula includes:
Liability – This refers to whether the party who injured you acted negligently or was intentionally wrongful.
The type of injuries you suffered – Insurers need to determine whether your injuries are minor or major, the cost of your medical bills, how much you have lost in wages by being unable to work, and what other property was damaged. With this information, they can understand how much compensation you deserve.
Your character and reputation – The insurance company may want to discredit you by looking at your reputation and whether you have a poor driving record or criminal history.
Their cost – This means that the insurance company needs to decide whether it benefits them to pay you or to pay their lawyers to fight your claim.
Your legal counsel – If they know you are trying to get compensation on your own, they will surely offer you a lower amount than if you have legal representation. They will consider your lawyer’s expertise, skills, and whether they would be willing to go to trial.
What Are the Most Common Types of Accidents Where People Suffer Personal Injuries?
The most common types of accidents that result in personal injuries are by far car accidents—other types of vehicle accidents come in a close second. These may be truck accidents or those involving motorcycles, bicycles, or pedestrians. Slip and fall cases—in which property owners or managers have a legal duty to keep their premises reasonably safe so visitors and guests do not get injured—are also common.
Other types of personal injury cases involve medical malpractice, dog bites, and crimes such as assault, battery, and other intentional torts.
