DAMAGES – Nature and Extent of the Injuries
We previously talked about how a JURY will determine what your Damages are after hearing the Evidence in a Car Accident Case. Those Damages are suggested to the Jury under the Indiana model Civil Jury instructions and the Jury is told to consider a number of elements. One of those Elements they are asked to consider is the “Nature and Extent of the Injuries”.
What was the Injury?
The Nature and Extend of the Injuries basically asks, what was the Injury? The examination of the nature and extent of the injury or injuries focus around the type of injury. For example, a traumatic brain injury is valued much differently by the insurance company than a broken bone. Concussions are new types injuries in the medical field and many insurance companies do not understand them while some even refuse to agree that a concussion is a brain injury. Insurance companies will hire doctors to tell juries that concussions aren’t that bad, and most people recover after a few weeks. However, that is not always the case and in cases where a an injured person suffers a concussion in a Car Accident, that person will need a qualified Personal Injury Lawyer to help them.
Proving Damages – Nature of Injuries
This is an important element of proving damages in a personal injury case or in a car accident case. The lawyers at Hurst Limontes LLC have used this element to maximize recovery for our clients.
This is particularly important in most car accident cases where an individual suffers an injury to their spine. Insurance companies will label these soft tissue injuries to make it sound like they’re not that bad. They will hire doctors to tell jurors that most people recover after several weeks. However, that is not always the case and a significant percentage of people who suffer an injury to their spine in a car accident will have to deal with ongoing problems for the remainder of their life. This attempt by the insurance companies to limit the nature and extent of the injuries is simply an attempt to limit the damages. That means limit the amount of money that a jury would give to a fairly compensate the car accident victim. Ultimately, it is about them saving money on a claim.
It is important that people understand the plaintiff only has to prove the injuries buy a preponderance of the evidence. That means more likely than not or 51% or more likely that the injuries the plaintiff claims were the same she suffered in the car crash. Our personal injury lawyers have years of experience and handling these cases personal injury cases and fighting the insurance companies attempts to minimize the nature and extent of the injuries.
In most cases, People are not perfect and have had a little back pain before. The insurance companies will hire doctors to review upwards of 30 or 40 years of medical records in an effort to find any prior complaints that are similar to the personal injury that has been claimed in this case. These insurance companies will point out minor issues and complaints in an effort to save money on the claim. For example, in a car accident case where the plaintive suffers a permanent injury to their low back the defense might point to a 10-year-old record medical record where the plaintiff saw a chiropractor once. Regardless of the fact that the plaintiff never saw a doctor again with complaints of low back pain, the insurance companies will use anything they can to save money on a claim.
However, there are always two sides to every story and just because the insurance Company has a hired gun who they’ve paid tens of thousands of dollars to doesn’t mean that you are not entitled to recover. In addition, don’t be intimidated by the insurance company hiring a Doctor, our experienced attorneys have dealt with countless Hired Guns and we know how to represent our client’s interests against these individuals. We present the facts and the complete picture to the Jury and show them the inherent flaws in the Defense Argument.
Damages = Money
The Nature of the Injury is a major factor in determining the Damages of the Case. Damages mean Money and that is the language that the Insurance Companies speak. The more that they can diminish the injuries the more they can diminish the value of the case or the Damages. It is a very simple formula that they have followed for years, if they can minimize the nature and extent of the injuries, they minimize the damages and their exposure in the case.
For example, if a mother of 3 who is over 50 suffers a permanent low back injury in a car crash, the Defense will use prior complaints of back pain during pregnancy or blame “Degenerative Changes” in her spine as the culprit that caused this permanent back injury. They don’t want you to consider the terrible car crash that they have to PAY FOR, they want you to think it was those 2 visits to a chiropractor 15 years ago when she had her last child. They may argue that it is “Degenerative Changes” in her spine which is the cause of her pain, but they forget to mention that most people her age have “Degenerative Changes” WITHOUT PAIN. Then they might forget to tell you that those “Degenerative Changes” can be dormant forever and then made symptomatic after a terrible trauma like a car crash. It is important to remind the Jury that the Defense is without merit and simply refusing to accept responsibility because it will save them some money.
What Should you do?
You should talk to an experienced Indianapolis Personal Injury Lawyer that can help guide you through this complicated process. The Legal Team at Hurst Limontes LLC has years of experience handling serious Personal Injury cases and Car Crash cases. We can walk you thgouth the process. We will answer your questions and most importantly answer the Phone and call you back. We will represent your interests and we will explain this process.
If you or a loved one has been seriously injured in a Car Accident, contact our Indianapolis-based law firm. We are here to help.