Insurance companies, oddly enough, look at pain and suffering by connecting types of injuries with levels of pain. This is how they make a basis for the damages you will be able to receive for your injury. This may seem like a sort of backwards way to do things due to the fact that all injuries range in severity, but in the end it comes down to whether or not you sustained a “soft” or “hard” injury.
Soft Tissue Injuries
Have you ever sustained a sprained ankle or back? Then you may have obtained a soft tissue injury, which only involves muscles and other soft connective tissue. Insurance adjusters will say that these types of injuries are less serious than hard injuries and that they are not permanent or dangerous, albeit a bit painful. They are also well aware of the fact that, if a claim went to court, it would be difficult for an injured person with a soft tissue injury to prove what the injuries actually were.
These types of injuries are considered to be more serious and, as a result, are awarded higher damages. It is also true that an injury requiring any physical repair or intrusive examination by a doctor (like stitching a wound or setting a bone) will increase the value of your case! But what are some hard injuries?
- Broken bones: If you can show that the break is serious, then this will increase your overall compensation.
- Head injuries: Head injuries can cause long-lasting effects, which means that the recovery may increase in your case. Insurance adjusters understand that head injuries can leave permanent and damaging symptoms that can recur for years.
- Separations, dislocations, or tears: These injuries give an indication that there could be a very delicate recovery. A tear is also considered to be more serious than a stretch or strain/sprain, even though the healing time may be the same.
- Wounds: An injury that contains a gash, tear, or cut may increase the value of your claim even if it’s slight.
- Spinal Disk/Vertebrae Injury: Insurance adjusters may award more compensation to claimants who describe neck or back injuries rather than saying “strained.” An X-ray may be a useful tool in making your claim as well, because they could reveal slight abnormalities.
Calculating Special Damages
These are damages for which money is comparable to what is lost. They are known as “out of pocket loss” rule, and can include such things as lost wages, lost earning capacity, medical expenses, funeral and burial expenses, and property damage.
- Past Economic Losses: You should always keep thorough and detailed records of every doctor or therapist that you visit. You should also document all medication that you take as a result of the injury.
- Future Economic Losses: You and your attorney will probably speak to an expert in medical treatment to come up with a specific amount of future medical expenses you will need. There will also need to be research done on the impact of your injuries on your income and earning ability.
If you and the insurance company involved in your agreement can’t reach said agreement, then you will probably have to go to trial. This is the best way to receive the compensation you deserve. However, if a case goes to trial, personal injury law can be extremely complex with rules and regulations – so you will want the aid of an attorney. Call WTW today to schedule a consultation and see where you stand.