The severity of personal injuries often correlate with the amount of compensation you receive. Obviously, the more serious or prolonged the injury, the greater the compensation. When it comes to measuring severity of personal injuries, there are a few factors that are particularly important.
1 – Causation & Medical History
First and foremost, you have the burden of proving that a particular event caused your injuries. It is helpful to keep detailed records of your medical treatments, therapy sessions, symptoms, etc. These can support claims of the extent of your injuries and the impact on your quality of life. Also, be aware that the defendants will undoubtedly review your entire medical history for signs of pre-existing conditions or anything else that may help their defense.
2 – Mitigation of Damages
Although the cause of your injuries may be out of your control, you have a responsibility to mitigate the extent of damages. This includes promptly obtaining medical care, completing follow-up appointments, and following doctor’s orders for treatment, medication, physical therapy, etc. If your actions or failure to act worsened your injuries, this will hurt your claim in a lawsuit. Part of measuring the severity of personal injuries is attributing the severity to the accident or event versus subsequent events. To protect your rights, make sure you are doing everything possible to get well and stay well.
3 – Independent Review by a Medical Professional
Severe, long-term, and/or catastrophic injuries often result in large compensation claims. As an injured person, you will rely on your chosen medical professionals for care and opinions. However, a defendant will not trust those opinions. They will hire their own medical professionals to review the evidence and render an opinion. That opinion may also include the expected long-term impact of your injuries and required future medical care. Causation, medical history, and mitigation of damages will be extremely important here too.
More on Measuring Severity of Personal Injuries
Given the complexity of personal injury cases and measuring the severity of personal injuries, it’s extremely important that you hire an experienced personal injury attorney. Your attorney will help you prepare a solid case and justify compensation. He/she will also hire the appropriate professionals to assist with your case. For instance, a life care plan may be needed for injuries requiring long-term care. If you do not already have an attorney for your Massachusetts personal injury case, please contact our team to schedule a consultation.