Accident cases involving minor injuries involve some particular legal issues. A First Coast personal injury attorney can help you file a personal injury lawsuit, even if your injury was “minor,” and you may entitled to more damages than you think.
A “minor injury” is an injury to the body that does not result in lasting or permanent injury, and that does not, after the injury has healed, restrict the person from performing any activity he or she was able to perform prior to the injury. The type of injury will be reviewed closely by the insurance company by looking at medical reports, hospital reports and other documents. The insurance carrier will identify the likely areas of disagreement, for example, the true severity of the injury, whether it truly manifests in pain and discomfort, and whether the injury was present at all prior to the accident. They may try to claim that the injury was an existing one that was exacerbated by the accident but not directly caused by it.
This problem is more likely to occur if you claim non-observable injuries such as sprains, strains, and soft-tissue injuries. Even if the carrier does not question the injury’s existence, the insurance adjuster may try to push back on how severe or painful it is. In cases involving primarily subjective injuries, plaintiffs need to demonstrate that the injury truly exists by referring to its effects and results, such as an inability to work, cancelled engagements, and severe lifestyle changes.
If you have further questions about your personal injury case, contact First Coast personal injury attorney John Fagan for a free initial consultation.