 |
|
|
 |
|
|
|
|
|
Type of Injury
Soft tissue: Soft tissue injuries are the most common injuries from auto accidents and include
sprains and strains of the muscles and/or ligaments of the neck, back, shoulder, knees or other parts
of the body. Insurance companies consider sprains and strains less serious because they are not
usually expected to be permanent or life-impairing, regardless of how painful they may be. Also,
sprains and strains are difficult to prove because they are not visible and cannot be objectively
verified by x-ray.
Dislocations, separations, and ligament or cartilage tears: These injuries can cause more pain and
have a longer recovery time than a strain or sprain. Even when the healing time and pain is the same
as a sprain, these injuries are generally considered more serious.
Fractures: There are many types of fractures. If an x-ray shows even a minor fracture of a bone,
including a chip or crack, the value of the claim increases. The particular bone that is fractured and
the seriousness of the fracture influences the amount of the recovery. As an example, a person with
a fractured rib may return to a desk job, whereas a person with a fractured arm who is employed as
a construction worker may be unable to work for several months.
Spinal disc or vertebrae injury: If the accident results in either a herniated or bulging disc of the neck
or back, a spinal nerve may be affected. X-rays, an MRI or other diagnostic imaging tests can reveal
an abnormality either in a disc or in the space between vertebrae. Disc injuries may require long
periods of conservative care or ultimately, surgery. Discomfort or lack of mobility may persist or
recur as a person gets older. The degree and extent of injury, type of treatment, and time of
recovery influences the value of spinal injuries.
Wounds and scars: Any tear or cut serious enough to require treatment, including stitches, increases
the value of a claim. If the wound leaves a permanent scar, the value increases even more. The value
can vary substantially between the facial scarring of a young female, and scarring that is not
normally visible on an older male. Also considered is whether the scar can be surgically revised, and
what impact the scar has on the person's life: facial scarring on a model would be valued higher due
to the effect on his or her career.
Amputations, brain damage, and catastrophic injuries: Amputations include the removal of a
fingertip or an entire limb. A brain injury can affect certain mental and bodily functions, or leave a
person totally incapacitated. The effects of these injuries may last a long time and can even recur
after recovery seems to be complete. Paralysis usually results from spinal cord damage. These
injuries result in lifetime medical treatment and loss of earning capacity. These claims have a high
value.
Wrongful death: Physical and emotional suffering before death, the accident victim's occupation,
age, sex, and marital status influence the value of this type of claim. These claims have substantial
value.
Psychological damage: Injuries can cause depression, stress, and tension among family members.
The relationship between psychological damage and physical injuries is now becoming more
accepted. However, in order to claim psychological damage, a psychologist or other therapist must
be involved in the diagnosis and treatment of the condition.
Doctor Reports
Please be aware and assume that everything stated and/or observed by your doctor may be taken
down in detailed notes. These notes, or a report made from them, are later read by the insurance
company when it is time to negotiate the value of your personal injury claim. The value of your
claim largely depends on your doctors' reports. If your doctor is not aware of your limitations,
pain, etc., he/she will not provide that information in the report. If your doctor feels an injury is
exaggerated, it may be put in a report.
Give Complete Information To Your Doctor
Remember to tell your doctor about all your pains, discomforts, and limitations. Your doctor will
determine whether the complaints are related to the accident. Some problems may seem minor, but
relate to another injury in another part of your body. Your doctor will need this information in
order to properly treat you. Try to be as accurate and objective as possible; under no circumstances
should you fabricate or exaggerate any problems.
Income Loss Verification
If you lost any income through employment or odd jobs, those losses must be documented. You
may also have wage benefits available under your auto policy, or another auto policy, such as the
driver or owner of the car. In addition, if you were employed there might be wage loss benefits
available through your employer or union. If you are going to be off work for any length of time, it
is important to explore every avenue.
Medical Bills
Be certain to contact all your own insurance carriers immediately regard payment of bills. You may
have Personal Injury Protection or Medical Payments coverage available through an auto policy.
You might also have health insurance that can help.
Out of Pocket Expenses
Keep receipts from any prescriptions or medications that you have had to purchase and any other
out-of-pocket expenses. Also keep track of mileage to see medical providers, particularly if you are
required to travel significant distances to get treatment for your injuries. Some of these expenses
may be reimbursable at the time of settlement with the insurance company.

Maximizing recovery from a Virginia Personal Injury Case
Virginia Personal Injury Lawyers
Bose Law Firm, PLLC
Members:
Christian Lawyers Association
American Bar Association
Virginia State Bar