Is My Injury Serious Enough for a Personal Injury Claim?
After you’ve been injured in an accident, you may wonder if your injuries are significant enough to warrant a personal injury claim. Maybe you know someone who got a large sum of money as compensation for their own injuries, or you’ve just heard the term “personal injury” and you’re curious if it might apply to you — but how can you know if compensation is worth pursuing? Let’s take a look at a few things to consider.
Loss of Function
One of the first things to ask yourself is whether you have lost a significant bodily function, particularly one that pertains to your work or your everyday life. There aren’t many specific guidelines on what this means, but generally, more severe injuries (broken bones) will qualify, whereas less serious injuries (sprained ankles, whiplash, etc.) will not — even if they are very painful.
This consideration is less about pain and more about the things you can’t do because of the accident. Your loss of function doesn’t have to be permanent, but it needs to be extended enough to cause problems for your day-to-day living.
Another consideration is how permanent your injury is likely to be. Even if it isn’t causing you a great deal of pain, an injury that is medically predicted to stick around has a higher chance of qualifying you for a successful personal injury claim than one that’s expected to resolve fairly quickly.
This is one reason it’s so important to have a medical examination soon after your accident — a doctor’s predictions about your injuries may have a lot to bear on any claim you want to make.
Everyone Is Different
One thing to keep in mind is that everyone experiences injuries differently, and so even though the above guidelines definitely apply, they aren’t set in stone.
For example, if a 25-year-old triathlete experiences whiplash in a car accident, it may not be anything significant and could pass within a matter of days or weeks. However, if an elderly woman who is already struggling with mobility experiences whiplash in a car accident, it may seriously affect whatever capacity for movement she still has, causing major problems for her everyday life. This would cause the same injury to be viewed in two totally different lights because of the effect it had on each of the people based on their pre-existing health condition.
Think You Have a Claim? Contact WK!
If you have been involved in an accident and you believe that your injuries may be serious enough to pursue compensation, contact us for a free consultation. We are ready to help you seek the justice you deserve for your suffering.