A minor injury claim is a claim dealing with a level of injury to the body and not the resulting permanent injury. Additionally, after the healing, the injury does not restrict the person from engaging in pre-injury doings. The variables evaluated by insurance companies are:
Type of injury
The insurance carrier evaluates the extent of the injuries by going over information acquired from medical records, reports and documents. Furthermore, the carrier highlights the most likely points of contention, e.g., level of injury (especially injuries that only cause pain and uneasy feelings), and whether or not the injury was there prior to the accident. Carriers usually claim the injury was not a direct consequence of an accident, but instead an extension of some sort of pre-existing injury.
Subjective vs. objective injuries
It is very common for carriers to challenge the existence of injuries that cannot be seen. These are inclusive of, but not limited to: sprains, strains, and other musculoligamentous injuries (“soft tissue injuries”) typically acquired through automobile accidents. When the existence of the injury is not a point of contention, the carrier will usually try to reduce the injury or its stated effect. Observable injuries, or objective injuries, can be seen through x-rays and physically verifiable methods, and thus are easier to get accepted by adjusters than “subjective injuries.” Regardless, the carrier can still make efforts lower their effects as much as possible.
In claims largely dealing with subjective injuries, the claimant has to be ready to show and prove that the injury exists by explaining its results, for example, not being able to work or go about regular day-to-day activities, being dependent on others for help, cancelled events and a drastic shift in lifestyles of reduced physical ability. The plaintiff has to highlight the results because carriers will likely take the stance that the injury is nonexistent, minimal or merely a passing condition.
In the event that there are additional questions or concerns not addressed by the above information, please do not hesitate to contact attorney Michael Meth at 845-469-9529.