In this article, you will discover:
Any minor injury can qualify for a personal injury claim in Cook County. The question is: Will it be a good use of your time and attention to make a lawsuit of it?
There are cases where people have injuries limited to neck or back muscles. These are not minor injuries. They’re painful and highly debilitating, often for extended periods. Unfortunately, those are considered minor injuries in the eyes of insurance companies.
There is no bottom level of injury where you shouldn’t call an attorney. If you were injured in a car accident, a 20-minute call with a law firm won’t cost you anything.
Seeking medical care can strengthen your injury claim. You should behave as you would if you didn’t have a personal injury case. You should see a doctor primarily because you’re concerned about your health.
Medical documentation is crucial to your lawsuit because it provides a record of all medical treatment you’ve received, your pain levels and the types of injuries you suffer from. A record of how you were hurt, when and where you received treatment and physical therapy, and how you received injections in your back should be supported by medical documentation. Those are all records that your lawyer will collect on your behalf when your treatment is complete.
However, your attorney is not a doctor. They can’t tell you what your injuries are. You’re a layperson, not a doctor. You can say what hurts, but you can’t give a medical diagnosis of your injuries.
It’s valuable to have an objective third party—such as a licensed treating physician—who can explain your injuries in medical terms to a jury. They can also testify about the likely cause of those injuries.
Proving minor injuries are serious requires a combination of evidence:
When you negotiate with insurance companies, they will claim your injury is merely a soft tissue or ligament injury. However, those injuries keep professional athletes from work for weeks and months. Everyone knows those injuries are serious and genuine. An insurance company contending you didn’t break a bone and, as a result, aren’t hurt isn’t a compelling argument.
It depends on the client and the case. If you have a client who presents evidence they had to cancel a vacation scheduled right after the crash, that’s compelling evidence they were severely hurt. Everybody looks forward to going on vacation and would go if they could.
When you can’t work, and a doctor provides a note verifying you can’t work due to an injury, that is compelling evidence. When somebody can no longer participate in daily activities, such as their sports league or other activities they like to do, that’s compelling evidence also.
Typically, these cases don’t go to trial. We have a case now where my client had a shoulder injury. As a result, he was unable to work for three months. That case is about to settle for the policy limits. That is the type of case requiring evidence, such as a doctor’s note.
We’ve had wage loss claims, a relatively severe crash and cases in which a client couldn’t go on a trip. It helps the client’s case if there’s an event or trip they had to cancel. I won’t tell anybody to put their life on hold or not go on a trip because it will help their case. However, if they have to cancel a trip, that’s solid evidence of the injuries they sustained.
On the other hand, if you have an injury and tell your doctors you’re still playing soccer or if you post pictures of yourself playing basketball on Facebook, the insurance company will probably find out. That’s not going to help your case.
For more information on how minor injuries matter in personal injury claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 210-7229 today.