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Evaluating an Injury Case

author by Douglas R. Bare on Dec. 11, 2015

Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury

Summary: When evaluating an injury case the two main factors are Liability and Damages. The extent of the damages are determined by the seriousness and and permanency of the injuries.

EVALUATING AN INJURY CASE

The main factors in evaluating an injury case are Liability (Fault) and Damages (Injuries):

1. The factors in determining Liability include:

Conduct of drivers

Was fault admitted

Statements by parties or witnesses

Witness Statements

Police Report

Pictures / Video

Criminal Charges or traffic citations-violations of the vehicle code

Accident reconstruction

2. Damages are determined by two main factors:

Seriousness and Permanent which include the following:

Type of Injury

Physical injury

Broken bones

Bodily injuries

Mental and Emotional Injury

Mental

Head injury

Cognitive/ Memory Loss

Post Traumatic Stress

Concussion

Scars, burns, or ongoing changes

Pre-existing injuries or diseases

Types of Treatment

Need for any surgery

Length of Hospital Stay

Implantation of any metal, plates or screws.

Physical Therapy

Home Exercises

Tens Units

Medications

Amount of recoverable Medical Expenses.

Medical bills paid by insurance

Type of insurance coverage

Amount of unpaid medical bills and out of pocket expenses.

Work Loss

Past, current or future

Working at the time of the accident

Amount of wages loss

Length of any Disability

Subrogation or reimbursement--Any wage loss of medical bills paid by other insurance
or government benefits which must be repaid.

3. Insurance Coverage Available.

Coverage of own Auto Policy

Full Tort or limited Tort Selection

Coverage at the time of the Accident

First Party Coverage

Medical Bill

Work Loss

Collision coverage

Underinsured/Uninsured Motorist coverage

Coverage of at fault party

Amount of liability limits

4. Child Support Arrears which must be repaid

5. Property Damage Coverage

Deductible / Reimbursement

Cost of repair vs. Fair market value of property.

Pre-existing damage

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Evaluating an Injury Case

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