Physical Injuries from a car wreck
Physical injuries from a car wreck can be a sprained finger or minor whiplash if you are lucky. While other injuries will require surgery and some can cause death. Physical injuries must be documented by medical records and must be casually related to the accident.
- A person in a wreck can not just say their back hurts because someone hit them and recover. The person must go to the doctor and treat. Reasons for not going to the doctor like: I do not have health insurance, I have to work, or I was trying to be nice and not run up bills are insufficient excuses and will not get anyone more money. The I do no have health insurance is really beyond silly because when our clients do not have health insurance, Betz and Baril has established relationships with doctors who will treat our clients on a lien as long as we can verify car insurance.
- If you began treating for your back or leg prior to the accident and claim the injuries are from the wreck will lead to problems. The at-fault insurance company is not going to settle a case with significant damages without at least looking into your medical history. Be honest about prior conditions and focus on the changes the accident has caused with increase in pain or pain radiating down the leg that was not there and the like.
Damages that fall in the category of physical injuries are the most prevalent injuries we see from car accidents and a lot of the other damages result from these types of injuries.
How do you establish a monetary amount of damages for physical injuries?
- Ambulance Bills
- Physician bills
- Hospital bills
- Diagnostic billing
- Pain and suffering
- Future pain and suffering
- Lost wages
- Future lost wages
Ambulance, Physician, Hospital and diagnostic billing and records associated with your claim are the best objective medical evidence an injured person can have as long as a physician will testify that the bills are reasonable, necessary and causally related to the accident or wreck.
Pain and suffering stems generally from the physical injuries sustained and the amount of doctor bills if everything else is equal correlates to the amount of medical bills. If you are injured in a wreck it is important to treat and to treat consistently. Delays or gaps in treatment will devalue a claim, like not treating and having pre-existing conditions where we focus on the injury instead of the change in the condition due to the wreck.
Any awards for future pain and suffering or future lost wages require a Permanent impairment rating and those claims will be barred without said documentation. Lost wages require documentation from your employer as well as documentation from a physician that a tortfeasor will be off work.
What is considered a gap or delay really is fact dependent on the independent circumstances of each case.