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Evaluating an Injury Case

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.


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
Head injury
Cognitive/ Memory Loss
Post Traumatic Stress
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
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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