How Serious Does The Harm Have To Be For A Personal Injury Claim?

The belief their injuries aren't sufficient to justify filing a claim is one reason a person might not pursue a case. Even if you're fairly confident that you don't have a case, though, it's wise to consult with a personal injury attorney. Here is a look at the levels and types of harm involved in cases that a personal injury lawyer may be willing to take on.

Broken Bones and Severe Bruises

Generally, insurance companies only consider claims that involve a level of injuries that would require medical care. The simplest version would be a case where the victim suffered broken bones and serious bruises. Even if your medical insurance covered the injuries, you have the right to recover compensation for pain and suffering. Likewise, your insurer has the right to recover its costs if it's clear that the defendant was at fault, and it can impose a medical lien on the portion of the settlement or judgment that represents what it spent.

Anyone who paid out of pocket or has outstanding medical bills should also consider filing a claim. Just like the insurer does, any doctor or medical organization that's owed money has the right to impose a medical lien, too.

Emotional Distress

Some states only allow emotional distress claims if there were injuries that required medical care. Your state may allow claims for emotional stress, pain, and suffering without such concerns, though. However, it's prudent to talk with a personal injury attorney before you start such a claim.

Disfigurement

The place that an injury occurred matters a lot. If you suffered a loss in your physical appearance, you may recover compensation even on an injury that was fairly cheap to treat. For example, someone who suffered oil burns on their hand at a restaurant would likely have grounds to seek compensation for disfigurement. This is because the hands are parts of people's bodies that they regularly display to the world, and it's common for victims to feel self-conscious about scarring. Claimants can also pursue claims involving injuries to other commonly visible areas, such as the legs, face, neck, and upper chest.

Catastrophic Injuries

At the highest level, you'll find catastrophic injuries. These are injuries that are life-changing. They don't necessarily have to be disfiguring or even outwardly visible. For example, you can pursue a claim for brain trauma even if you didn't have broken bones or bruises. People also frequently pursue claims for nerve, spinal, or muscle damage. The loss of body parts fits in this category, too.

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