Byline: Will Jones
How the nature, severity, duration, documentation, and effects of an injury can influence the development and evaluation of a personal injury claim.
When you are involved in a personal injury, your first thoughts often stay anchored in the short term. It’s about how the injury will derail your schedule for the rest of the day; how you’re unlikely to complete the errands you planned to do because the injury has interfered. This is completely understandable and shows how the human brain prioritizes issues in an overwhelming situation. However, the long-term issues are ultimately far more critical.
Over time, the duration, severity, and medical needs of an injury in a personal injury claim are the factors that can most affect your daily life. As a result, the legal ramifications relating to such a personal injury claim must adjust to account for the extent of these damages. All this can feel overwhelming for the victims of the injury themselves, especially given the medical and emotional elements they are already juggling on top of such legal concerns.
Fortunately, Edelman, Krasin & Jaye injury attorneys have extensive experience and are prepared to help if you need it.
How Injury Severity Can Affect a Personal Injury Claim
The type and severity of an injury can greatly affect the amount you can recover, as well as the evidence supporting a claim.
Someone who slips and falls in a public establishment and merely sprains their ankle is unlikely to have a severe personal injury case. Conversely, if that same individual falls and does serious damage to their spine in the process, that’s a long-term injury that would open a whole new host of considerations. While a sprained ankle would likely heal fully within days or weeks, a spinal injury would require extensive medical attention. It could prevent the individual from working or even living their full life. All of these factors are relevant to the personal injury claim and vital to consider.
Why Medical Records Matter in an Injury Claim
Medical records establish objective facts about the nature of an injury, treatment received, symptoms reported, and the progression of recovery.
Medical documentation and patient records can be some of the most essential pieces of evidence in such a case, as they help to establish the precise nature of the injury and directly tie it to the incident in question.
Personal Injury Statistics
According to the U.S. Centers for Disease Control and Prevention (CDC), 214,110 traumatic brain injury (TBI)-related hospitalizations occurred in the United States in 2020. There were 68,663 TBI-related deaths in 2023. The CDC notes that these figures do not include many TBIs treated outside hospitals or TBIs that go untreated. Furthermore, data show that falls account for nearly half of TBI-related hospitalizations.
How Injuries Can Affect Work and Daily Activities
Injuries have practical consequences, including missed work, reduced ability to perform job duties, difficulty caring for children, inability to participate in normal activities, or limitations on household tasks. As such, personal injury claims must accommodate and account for these consequences.
Damages tied only to the injury-causing incident may not reflect the full picture, especially when an injury has long-lasting effects. A claim often takes in the incident, the injury, and the recovery process that follows. Looking at all three together is what allows a personal injury claim to reflect the full extent of the factors involved.
FAQ
Can the severity of an injury affect a personal injury claim?
Yes. The nature and severity of an injury may affect the medical evidence, treatment history, recovery period, and other documentation relevant to a claim.
Why are medical records important in a personal injury claim?
Medical records can document the injury, symptoms, treatment, follow-up care, and recovery process, helping establish the medical history associated with the incident.
Can an injury that seems minor at first become more significant later?
Yes. Some injuries may develop or become more apparent over time. Continued symptoms and subsequent medical evaluations can provide additional information about the injury and its effects.
How can an injury affect someone beyond medical expenses?
An injury may affect a person’s ability to work, perform household responsibilities, participate in normal activities, or maintain their usual routine. These effects are often part of the record associated with a claim.
What types of records may be useful after an injury?
Depending on the circumstances, relevant records may include medical records, treatment notes, medical bills, employment records, photographs, accident reports, and documentation of restrictions or ongoing symptoms.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
