Is Your Injury Serious Enough? 6 Key Factors in Determining Lawsuit Eligibility

So you got into a fender bender. Your car is in the shop and your neck is sore. You may have bruises, cuts, headaches, or fatigue that keeps you home from work. Your primary care physician refers you to a physical therapist, where you have to do exercises and get bodywork for the next ten weeks. Even after all that, you feel the aches from the crash.

Most people don’t want to get caught up in lawsuits, especially not after an unexpected accident. Most likely, you just want to heal and move on with your life. But even if your injuries weren’t your fault, you can suffer major consequences – some lifelong. And if someone else is responsible for your injuries, they should be held accountable for their actions.

A personal injury claim helps put legal responsibility (or liability) where it belongs. Whoever caused your injuries must also pay for your damages in a way that “makes you whole” – as close to “as if your injury never happened” as possible. After all, you shouldn’t be left on the hook for all those medical bills and lost wages if you were a victim of negligence.

What Counts as a Serious Injury for a Lawsuit?

It can be hard to gauge the seriousness of our own injuries, especially if we don’t have the time or space in our busy lives to get checked out by a doctor. But after an accident or incident, your injuries may be much more serious or severe than you realize.

Insurance companies bank on downplaying or minimizing your injuries so they don’t have to pay out the actual compensation you’re owed. The full impact of your physical impairment can add up when you consider the financial losses and the emotional toll. Especially when a settlement should cover you for your entire life – including losses years or decades from now.

Even if you’re able to walk away from a car accident or you feel “mostly okay,” you should get checked out by a medical professional. You should also talk to a personal injury lawyer about your case – especially if your attorney works on a contingency fee basis. That means you won’t have to pay any legal fees upfront so you can focus on your recovery.

At Sepulveda Sanchez Law, we know that your situation is stressful enough as is. You don’t have to worry about whether you can afford an attorney to get the compensation you need to recover and thrive. That’s why when you contact us, your consultation is free.

How Do You Calculate the Severity of an Injury?

The only way to know for sure if you have a strong personal injury claim is to talk to an experienced lawyer about your specific circumstances.

The more severe and disruptive your injuries, the stronger your case is for a personal injury claim. During your initial consultation, your attorney will consider the following factors and help you determine whether a lawsuit is the right option for you.

1. The extent of your physical impairment from the injury – from daily headaches and difficulties concentrating (common symptoms of TBI) to significant disability or disfigurement that affects your daily activities, mobility, or quality of life.
2. The duration of your injury and its long-term consequences – prolonged recovery periods (a few months or more), long-term ongoing medical treatment (years or longer), or permanent impairments are usually grounds for significant settlements.
3. The financial and economic impact of your injury on your life – the more the injury has cost you in medical bills, rehabilitation costs, out-of-pocket expenses, lost wages, or future financial losses, the greater your settlement should be to cover these damages.
4. The level of physical pain and mental suffering you’ve experienced – the law includes both physical and emotional pain, mental anguish, psychological trauma, or loss of enjoyment of life as damages that deserve compensation.
5. Whether someone else’s actions caused your injury – personal injury claims are most appropriate when your injuries are a result of someone else’s actions, whether that’s another driver on the road or a manufacturer that created a defective product.
6. Whether those actions were negligent and carry liability – in order for an accident to qualify for a personal injury lawsuit, you have to show that the person responsible failed to live up to the proper standard of care when they caused your injury. This is called negligence and it’s the basis for most personal injury lawsuits.

When you file a successful lawsuit, your financial settlement covers these economic damages and non-economic damages in order to make up for the effect of your injuries on your life.

In some cases, you could even recover punitive damages, which are meant to punish the person responsible for especially bad behavior – for example, a repeat DUI offender who causes a wreck or a construction company that ignores safety standards.

The actions you take shortly after an injury can make all the difference in your recovery. Getting checked out by a doctor may take time out of your day, but it can get you a more definitive understanding of the extent of your injuries. It will also help establish evidence for your case.

Similarly, one phone call to a lawyer could make all the difference in your personal injury claim, giving you the financial resources you need to recover and thrive. Your attorney looks out for your best interests at every turn. With a free initial consultation and a contingency fee structure, you can find out your legal options at no additional risk or cost to you.

Every case is unique and deserves personalized attention. When you work with the team at Sepulveda Sanchez Law, we help you get the full compensation you’re owed and we make the legal claims process as smooth as we can for you. Click here to get started now.