How to Value the Extent of Your Personal Injuries
- Dan T. Matrafajlo
- Tue Sep 2015
- Personal Injury,
When you are injured in an accident that was caused by the negligence of another party, you are entitled to monetary compensation. Determining how much compensation you are entitled to depends on various factors. However, the most important factors that you and your personal injury attorney should consider in determining the value of your case are the type and extent of your injuries. This article discusses how to value the nature and extent of the injuries you have suffered in a personal injury case.
The Type of Injury
The difficult part in determining how much compensation you are entitled to in your personal injury claim is putting a dollar value on your pain and suffering. In most cases, it is clear that the more painful your injury was, the more monetary value you are entitled to. In fact, the way most insurance adjusters approach pain and suffering is connecting the different types of injuries with various levels of pain. However, this is not always scientific since, for example, a sprained ankle can sometimes be more painful than a cracked ankle bone.
Soft Tissue versus Hard Injuries
Most injuries are categorized as either a soft tissue injury, which is majorly described as serious discomfort, or hard injury, which is typically described as an injury that can be specifically detected through a medical examination. Below are examples of each:
Soft Tissue Injuries
Soft tissue injuries include any type of injury that involves only muscles and other soft connective tissue, such as a sprained back, neck or knee. Insurance adjusters generally consider soft tissue injuries as less serious and thus value them significantly lower than hard injuries. The reasoning behind this logic is that soft tissue injuries are usually not permanent, regardless of how painful they may be. Moreover, if the case results in litigation, it is often more difficult for the injured victim to clearly prove the extent of soft tissue injuries.
Hard injures refer to any type of injury that can clearly be observed by a medical professional in an x-ray or by other tests. This type of injury is also generally described as any injury other than a strain or sprain. The value of a hard injury is usually much higher than a soft tissue injury. The logic is that this type of injury often requires a physical repair or intrusive examination by a healthcare professional and requires a much longer and extensive rehabilitation period. Common examples of hard injuries include:
- Broken or fractured bones
- Head injuries
- Separations, dislocations, and ligament or cartilage tears
- Spinal disk or vertebrae injury
Regardless of what type of injury you have suffered in an accident that was caused by the negligent or reckless actions of another party, you are entitled to compensation. To ensure that you obtain the full damages that you deserve, you should hire an experienced attorney to fight for your rights.
For more information or to schedule a complimentary consultation with a New Jersey personal injury attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.