20 Factors Influencing Injury Claims
These factors apply in all types of cases for injuries resulting from negligence. They include, without limitation, car, truck and motorcycle accidents; slips, trips and falls; and accidents on cruise ships.
1. Do you claim to have a herniated disc?
The total value of the compensation is greater in the case of a larger injury. Some injuries are worth more than others. For example, hip fractures are usually worth more than soft-tissue injuries. There are exceptions to this rule. However, other things being equal, serious injuries are worth more than minor injuries. To file a personal injury claim, you must have hurt yourself. It is not enough with what could have happened. People injured in accidents often say, "I could have died." This does not mean much. There must be an injury.
2. Who pays the medical bills of the person injured in a car or truck accident?
In a car or truck crash in Florida, auto insurance laws will determine:
- Who pays their medical bills
- The amount of the invoices you have paid for your account
- If any of the 11 possible defendants will get a credit of up to $ 10,000 for having a personal injury protection (PIP) insurance. This would reduce the value of the compensation.
- Whether the jury will be allowed to know about the total billing or just the amount paid
3. Past verdicts (and awards) of the jury for a specific injury
Historically, insurers in personal injury cases in Florida get an amount for the pain and suffering caused by a specific injury by examining the past verdicts of the jurors. But the current trend is for insurers to examine adjudications, rather than verdicts, although liquidators and defense attorneys still examine the latter.
4. Are you married?
Married people who get hurt can get more money than unmarried individuals.
5. Did you have or should you have surgery?
Know if the fact of undergoing surgery can increase the compensation for injuries in cases where the negligence of others has caused your injury. Your compensation for personal injuries may be less without surgery.
6. Did you take an ambulance to go to the hospital?
In general, the total value of compensation in personal injury cases is greater if the claimant was transported by ambulance from the accident site to the hospital.
7. Did they call 911?
If they called 9-1-1 after your accident or incident, this could affect the compensation value of your claim.
8. Pre-existing injuries
The liquidators of insurance usually try to pay less, arguing that their injury already existed before the accident. The injuries that the insurance adjuster most likely argued existed before the accident were: sprain / lumbar strain, neck sprain / distention, herniated disc, disc protrusion, and shoulder tear. Even so, it is possible to have a good case, even if you have a pre-existing injury.
9. Is the injury permanent?
The ability to prove that a permanent injury exists affects all cases of personal injury. In certain cases due to a car accident, the ability to prove that you have a permanent injury has a unique implication. To get money for non-economic damages (for pain, suffering, etc.) in most cases for car accidents, a health care provider (a doctor or chiropractor) must confirm that you have a permanent injury. However, this may be difficult in a case where the insurer has hired a doctor who says that his injury is not permanent. Some of the doctors usually hired by insurers are recognized for saying that almost every injury is not permanent.
10. Your doctors Personal
Your doctor is a very important component of your case because of personal injuries. If your doctor says that your injury is not related to your accident, you can not get compensation for your damages (eg medical bills, lost wages, pain and suffering, mental anguish, loss of ability to enjoy of life, etc.) of the party whose carelessness caused his injury. if a doctor says that you do not have a permanent injury, this can harm your case. Therefore it is very important to know the reputation (when accident cases are concerned) of the doctor who treats it.
11. The insurer
Certain insurers have the reputation of paying more than others in identical cases for injuries
12. Was the defendant negligent?
What does "negligence" mean in accident cases? In order to obtain compensation in a negligence claim, the negligence (culpability) of the defendant must be the cause of your injury. If the defendant is not negligent, then he can not get compensation
13. The availability of medical payment coverage
Medical payment coverage ("MedPay") is an optional insurance that pays the injured person's medical bills up to a certain amount, regardless of who is at fault. Unlike liability coverage, MedPay coverage is not reduced by the percentage of relative responsibility of the person injured in the accident.
It is possible to obtain many types of compensation in cases of injuries. Sometimes the types of compensation that can be obtained depend on the type of case. Many plaintiffs do not file claims for certain types of damages. You can get compensation for some damages in cases of wrongful death. The compensations may be different from those obtained in cases of slip and fall or car accident.
15. Photos or videos
Images can make the difference between success and failure of a case due to injuries. The jurors, and therefore, the liquidators, love seeing images. Useful images should be sent to the liquidator as soon as possible after the accident.
The images that show the following can help the case by accident of the injured person:
- Moderate to severe damage to the vehicles involved
- Paramedics or police at the accident site
- The dangerous situation that caused his injuries in a slip, trip and fall
- Inadequate lighting at the time of the accident
- Blacksmithing on the outside of the body, such as a fixator
- Scarring or disfigurement
- The injured person in the hospital bed next to his, with oxygen tubes, scratches, a cast, an intravenous line and medical equipment
In general, the more frightening the image, the more the total value of the case will increase. On the other hand, the images that can reduce the value of the case due to personal injuries show:
- No or little damage to the vehicles involved
- Excellent lighting, when you are claiming that you could not see the dangerous situation before falling
- Excellent lighting, when you are claiming that you could not see the person or vehicle that you rammed
16. Do you use glasses, contact lenses or hearing aid?
His vision and hearing are taken into account in all cases of injuries. If a liquidator believes that he was negligent for not using his glasses, contact lenses or hearing aid device and this caused his accident, it could reduce the value of his case. The liquidator may want to know who prescribed them, when they were prescribed, when they last examined their eyes or ears, and the name and address of the examiner.
17. Did you suffer from any physical illness, disability or illness at the time of the accident?
The liability insurer will want to know if you suffered from any physical illness, disability or illness at the time of the accident.
18. The specific injuries you have
The specific injury you have affects the component of the total value in a case of injury, which includes personal injuries, pain and suffering, disability and physical disability, disfigurement, mental anguish, inconvenience and loss of ability to enjoy life in the past and the future. These damages and losses are known as non-economic. The component of pain and suffering in non-economic damages is often the largest component in an injury case when it comes to compensation. For example, generally speaking, a wrist fracture carries a greater total value of the pain and suffering component than a finger fracture. It is paramount to know the value to be assigned to the compensation component that refers to pain and suffering as a result of a particular injury. Not having this number is like shooting blind.
19. Type of health insurance, if any
If the injured person does not have health insurance, the total value of their injury claim tends to be higher because the person pays more expenses on their own. Other things being equal, if you have more coverage, the total value of the compensation is lower because health plans and insurers generally pay a lower rate.
20. Total value of compensation
Is it worth filing a claim or a lawsuit in a personal injury case? Some cases of personal injury have a low total value. To ensure proper handling, all cases require a lot of time and expense. A low total value does not justify the investment in time and money. Lawyers can not represent all people who are hurt. If they did, they would soon have to close their businesses. Some claims have no value.