Case Types

Types of Injury

Physical

Soft Tissue Injuries
Soft tissue injuries are the most common physical injury from most accidents. While this term may sound soft, if you've experienced one of these injuries, you know how painful and debilitating they can be. In general, a soft tissue injury is anything that happens to you short of a broken bone or a need for surgery. As a result, herniated disks in your spine, scar tissue in your muscles, stretched or even torn ligaments can all be called soft tissue injuries.

Insurance companies hate these types of injuries, which can be very hard to prove. A broken bone shows up in an x-ray, a cut or bruise can be photographed, but a major sprain/strain injury isn't visible. The insurance company will try to argue that if it can't be documented, it isn't there—or they will argue that soft tissue injuries heal on their own. It is very typical for an insurance defense attorney to downplay these injuries to reduce the charges paid for treating soft tissue injuries.

Neck and Back Injuries
Neck and back injuries can be simple sprain/strain matters, or they can become more advanced issues such as bulging and/or herniated disks. Insurance companies aggressively try to make all spinal injuries seem to be pre-existing conditions. Many adjusters, and even some defense attorneys, have suggested to me that disk injuries can be caused by something as simple as a sneeze.

Only a doctor with good imaging equipment can properly diagnose a spinal injury. If you suspect such an injury, have a doctor check it out immediately. If you know you have a spinal injury, consider hiring an attorney immediately.

Mental Injuries

There are numerous types of mental injuries suffered by injured people. Some are as simple as pain and stress; others can rise to the level of a traumatic brain injury.

Mental injuries don't show up on X-rays, MRIs, or CT scans. Insurance companies don't like these types of injuries because their costs are high; adjusters will argue the injury is faked, and claim they shouldn't have to pay for it.

With the testimony of a neurologist—or even psychiatrists and psychologists—it is possible to prove the injury exists. By using the testimony of people who knew you prior to the injury, it's possible to prove how much of a change has occurred in your mental ability and disposition.
If you suspect you have a mental injury, don't try to negotiate your case on your own. Hire an attorney to get the documentation and ammunition you will need to prove your mental injury.

Financial Loss

Injuries cost money to treat, medicine is very expensive, and you are likely missing work because you are injured. If you don't completely recover from your injuries, you may suffer wage losses and expenses well into the future.

Adjusters require documentation of financial losses, which can be a burden and seem ridiculous.

Adjusters don't like to pay wage claims, and especially hate to pay future estimated financial costs.

Damaged Relationships

It's not just your body and your bank account that suffer when you've been injured; the people around you suffer too. Marriages can be stressed, children lose quality time with their parents, friendships become distant. We all know it takes time to nurture all relationships. If your time and energy is taken up by trying to recover from an injury, your loved ones suffer too.

It is very difficult to put a price tag on this type of damage, and also difficult to prove. A husband or wife may not be able to do their share of household duties; intimacy may be impossible due to the nature of the injury. In the worst case, a loved one may have died, leaving those behind to carry on without them.

Lost Opportunities

Injuries come at the worst times—plans can be destroyed. Pre-paid vacations might have to be canceled, weddings put off, school put on hold, and job opportunities lost. If you had a special opportunity that was lost due to someone else's negligence, you should be compensated for the actual value of that loss, or even the potential value of that opportunity.

Permanent Injuries

Some injuries never heal. Amputations and lost loved ones are the most drastic example. Scars (physical and metal) may never go away. The loss of mobility can hinder work or play performance. These future losses can be difficult to place a value on. Without proper documentation and argument, an adjuster will never adequately pay for these types of injuries.