There is no established minimum for a valid personal injury claim. Generally, if an accident produces an injury that requires medical treatment, there could potentially be a valid legal case. All claims are unique in some aspect regarding treatment and severity. The more important question is what the injury will create in terms of ongoing problems for the victim as the injury heals, and what is the long-term prognosis after recovery to the best possible condition. One thing is for certain with many injuries that could be questioned by the defendant and their insurance company. They are always defended vigorously, often based on being frivolous, and it is always necessary to have an experienced personal injury lawyer representing the case for an equitable financial recovery result.

Why Simple Injuries Can Matter

Injuries that appear as simple and short-term medical issues can manifest later into very serious personal injuries for the unsuspecting victim who thought the injury would completely heal in a short time frame. Certain conditions such as neck injuries or whiplash are prime examples of injuries that grow worse over time because they impact a very delicate part of the body that is absolutely necessary for proper functioning. Lower back injuries can be very similar, and many times a back injury will eventually result in a disability claim as it worsens over time. The back is essential to all physical ability, and damages are typically measured by degrees of disability associated with an accident injury.

Proving a Personal Injury

Personal injury claims that lack obvious damage are always difficult cases. Not only can an insurance company claim the injury is overstated, but they can outright deny an injury even exists. This is why it is imperative to have a personal injury lawyer who understands the company tactics when contesting an injury. It is incumbent on the plaintiff legal counsel to prove the injury occurred to the client, and then that the defendant was at least indirectly responsible for the damage. In addition, claims can be made based on emotional problems as well. Any type of claim that has resulted in necessary professional medical treatment can be the basis for an injury case. Your attorney can use the documentation, including medical bills, physician diagnosis, and prognosis as medical evidence in presenting the case to the court.

Negligence in Injury Cases

Regardless of the extent of injury, many insurance companies will make an offer in an obvious case of negligence for their client. However, for injuries that can be claimed as minor medical issues, they will often offer a low-level settlement in hopes the client will accept it and not retain legal counsel. What they are trying to avoid is payment for general damages associated with long-term medical problems and pain-and-suffering. When the claimant refuses the amount, the company will typically then claim the injury was the fault of the claimant to a significant degree. This is called the comparative negligence defense, and it occurs with almost all cases of significant value. This even applies in injury cases that appear to be minor in nature. Your personal injury attorney will recognize when this is happening, and sometimes establish a case for bad faith against the insurance company under certain circumstances. The extent of injury does not matter when the insurance company is using unethical or illegal negotiating steps, which happens more often than many injured claimants realize.

Claim Values

There can be several elements of an injury claim that make them more valuable than injured claimants understand. An attorney who represents injury cases regularly knows exactly what can be claimed based on material documented evidence, including all issues of value for increasing a settlement. Insurance companies also usually want a full release from future medical problems, which can be of significant value as well when details of an agreement are being decided. Having a legal professional negotiating a claim ensures that all financial recovery items are included in the total claim amount, which can still be a considerable sum even in a case stemming from a seemingly minor injury.

Even if your injury is not an immediate problem, the condition may still be basis for a personal injury claim. Injuries with no short-term implications can still become long-term medical problems, and you only have one opportunity in most cases for financial recovery. Do not let it go by. Always consult with an experienced personal injury lawyer who understands how to craft a sound case when certain injuries can be contested.

Author:

Steve Roberts is the managing attorney at the Law Office of Steve Roberts, LLC.Steve is originally from Omaha, Nebraska.After law school in Southern California, he moved to Denver, Colorado where he has developed his personal injury practice and become part of the Colorado legal community as a member of the Colorado Trial Lawyers Association and the Thompson G. Marsh Inn of Court.