Permanent Injuries: How Do They Affect the Value of an Accident Claim

It’s always unfortunate when someone gets injured, but when those injuries are permanent it can seem particularly devastating. It is for this reason that when someone is permanently injured in an accident, the value of the claim is affected. Permanent injuries tend to drastically increase the value of a claim which encourages the liable insurer to do as much as possible to devalue the claim in service of their bottom line. Keep reading to find out more about what factors affect claims that include permanent injuries.

What is a Permanent Injury?

Permanent injuries are those that cannot be remedied despite extensive treatment like surgeries, physical therapy, and other medical treatments. These injuries will plague the victim for the foreseeable future. Some permanent injuries include traumatic brain injuries, spinal cord injuries, paralysis, disfigurement, scarring, bulging discs, and spinal stenosis. When someone suffers permanent damages in an accident, the insurance company is tasked with making the injured party whole, but this is impossible with permanent injuries.

How Can You Prove a Permanent Injury?

It is the victim’s burden to prove that a permanent injury has occurred due to negligence. This can be a very complex undertaking, but it’s certainly not impossible. The strongest piece of evidence proving permanent injuries is testimony from a physician to attest to the severity of the injuries and their long-term effects. Other medical documentation that can support a claim includes MRIs, CT scans, and physician's notes. Preexisting conditions that increase the likelihood of sustaining permanent injuries often come into question as the insurance company seeks to deny or devalue your claim. To contest this, you’ll need to compare previous medical records to those after the accident to differentiate between new and old injuries or the aggravation of a previous injury.

What Makes Permanent Injury Claims Worth More?

Many permanent injuries often result in a disability. With disabilities comes an inability to engage in certain activities or even work. Not being able to do the things you were once able to do deserves compensation. If a victim will require in-home care the value of the claim increases. Likewise, future doctor visits, corrective surgeries, ongoing physical or occupational therapy, and other future medical costs are factored into how much an injury claim is worth. When a permanent injury impairs someone’s ability to earn wages, a loss of wages must also be factored into the worth of the claim. Sometimes a person will have to change their career as a result of their injuries. The difference in pay will have to be assessed as will an early retirement if the victim is forced to stop working due to their injuries. Pain and suffering will also be assessed in a permanent injury claim, as will emotional suffering in certain instances.

Should you or your loved one be permanently injured in an accident, don’t attempt to negotiate with an insurance company alone. Contact an experienced injury attorney at your earliest convenience. There are a lot of complex legal hurdles that will have to be addressed, so it’s helpful to let a professional take care of it while you focus on healing.