How Serious Does My Injury Have to Be to File a Case?

12/14/2023

Unfortunately, some of our clients have suffered devastating injuries such as amputations, paralysis, and even death. But other incidents leave the victim with relatively minor physical harm when compared to tragedies. At Perrault Blair Law Group, many of our clients tell us that they almost didn’t contact an attorney because they believed their injuries to be minor in nature. Your injury does not need to be life-threatening to file a legal claim.

In this blog, we’ll explore the various elements that can help you understand when your injury justifies pursuing a personal injury claim.

  1. Negligence and Liability

The first critical factor in determining the viability of a personal injury case is negligence. In legal terms, negligence refers to the failure to exercise reasonable care, resulting in harm to another person. The severity of your injury alone does not establish negligence. To have a strong case, you must demonstrate that the at-fault party’s negligence directly caused your injuries. This could include actions such as reckless driving, unsafe working conditions, or medical malpractice.

  1. Types of Injuries

Personal injury cases cover a wide range of injuries, from minor cuts and bruises to severe and life-altering conditions. The severity of your injury will impact the potential compensation you can seek. In general, the following types of injuries may warrant a personal injury case:

  1. Catastrophic Injuries: These injuries are life-altering and can include traumatic brain injuries, spinal cord injuries, severe burns, and amputations. These injuries often lead to extensive medical treatment and long-term rehabilitation.
  2. Serious Injuries: While not as severe as catastrophic injuries, serious injuries can still have a significant impact on your life. These may include broken bones, severe lacerations, and internal injuries.
  3. Soft Tissue Injuries: These are less severe but can still be painful and debilitating. Whiplash, sprains, and strains are common examples of soft tissue injuries.
  4. Emotional Distress: Emotional distress and psychological injuries may also be considered in a personal injury case, especially in cases of severe emotional trauma resulting from an accident.
  5. Medical Evidence

Regardless of the type of injury, it is crucial to have proper medical documentation to support your case. Seeking immediate medical attention after an accident is not only essential for your health but also for establishing a link between the accident and your injuries. The more comprehensive and detailed your medical records are, the stronger your case will be.

  1. Financial Losses

In personal injury cases, you can seek compensation for various damages, including medical bills, lost wages, pain and suffering, and more. The extent of your financial losses, including both past and future expenses, will influence the potential compensation you can recover. In catastrophic injury cases, the financial burden is often much higher due to ongoing medical care and rehabilitation.

  1. Comparative Negligence

It is important to note that the concept of comparative negligence may affect your case. In some states, if you were partially at fault for the accident, it may reduce the amount of compensation you can receive. Consulting with an experienced personal injury attorney is essential to understand how this may apply to your case.

Conclusion

The seriousness of your injury does play a role in determining the strength of your personal injury case, but it is not the sole factor. Factors such as negligence, medical evidence, financial losses, and comparative negligence also come into play. If you believe you have a valid personal injury case, it is crucial to consult with an experienced attorney who can assess the specifics of your situation and guide you through the legal process to seek the compensation you deserve. Remember, every case is unique, and only a thorough evaluation can determine its potential success.

Specialized Experience for Personal Injury

Attorney Steven Blair and Perrault Blair Law Group offer extensive experience in representing the victims of automobile crashes and other personal injury claims. We are available 24/7 at all times to answer any questions and help with your personal injury needs which you may have. Call us today at 978.975.4100 to schedule your free consultation. PerraultBlairLaw.com.

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