Value of Minor Injury Cases
For our purposes, an injury claim that involves a minor injury claim that has been defined as one in to the body. Typically, this type of claim does not result in long lasting or permanent injury. These injuries typically do not result in long lasting injury or permanent damage. Typically after the healing process, the person is not prevented from resuming all of their normal activities they performed before the injury occurred.
In cases like this there are many factors that are considered by the insurance company. These factors include:
- Medical Records
- Medical Reports
- Pain Management Reports
- Similar Documentation
The carrier may be want to identify areas of disagreement between the parties like areas where the parties disagree like:
- Extent of injury
- Any preexisting injury
It is in the carrier’s best interest to prove the injury was not a direct result of the accident, but simply a pre-existing injury that has been aggravated.
The Difference Between Subjective vs. Objective Injuries
Most insurance carriers dispute any existence of an injury that cannot be observed, or a non-observable injury. Most of the time, these injuries involve:
- Soft Tissue Injuries
- And other forms of injuries that cannot be picked up using standard medical equipment.
Typically, these forms of injuries are disputed in the case of an automobile accident or a slip and fall. When this type of injury is not questioned, the insurance carrier may attempt to minimize the injury or the effect that it has on your life.
How Cases are Handled
In situations where the injury is primarily, or entirely subjective injuries, the plaintiff must be able to show the injury exists and be able to prove its results. For example:
- The inability to perform job duties
- Reliance on others for assistance
- Canceled plans
- General change of lifestyle
- Decreased physical ability
The plaintiff and their attorney must be prepared to prove that the injury exists because the carrier will attempt to take the stance that the injury is minimal and exaggerated.
Objective injuries are observable injuries. These can be seen on x-rays or through the use of other medical technology. Injuries of this nature are typically accepted by insurance adjusters than those that cannot be visibly proven. Even if the injury can be proven, the insurance adjuster may still attempt to minimize the effects they have on your everyday life.
Our law firm has years of experience in this practice area and can be of further assistance.