After an accident, you may be wondering, “Is my injury serious enough for a personal injury lawsuit?” In truth, it’s difficult to pin down a definitive answer to this question, as the seriousness of an injury can be subjective.
When deciding to pursue a personal injury lawsuit, you might consider an array of factors, such as whether the injury has significantly impacted your life or resulted in substantial financial losses. The type of injury may also help dictate your decision when dealing with catastrophic personal injuries like loss of a limb, severe burns, or traumatic brain injuries.
Determining the Severity of Your Injury
If your injury is minor and you fully recover within a few weeks with minimal medical intervention, a lawsuit may not be the right choice. If your injury is severe or catastrophic, however, and influences your ability to work or leads to substantial medical expenses, it might be worth pursuing legal action.
Below are some examples of injuries that can often be classified as catastrophic:
- Traumatic Brain Injuries (TBIs) are usually the result of a severe blow or jolt to the head. These injuries can lead to long-term or even permanent cognitive, physical, and psychological effects.
- Spinal cord injuries often result from damage to the spinal cord or nerves at the end of the spinal canal. These injuries can cause permanent changes in strength, sensation, and bodily functions below the level of the injury.
- Third-degree burns, or burns that penetrate the full thickness of the skin, can lead to permanent tissue damage. Victims may require surgical grafting and can experience lifelong issues with mobility and sensation.
- Whether an amputation results from a traumatic event or is medically necessary after an injury, the loss of a limb has a substantial impact on a person’s ability to perform daily tasks and enjoy life as they once did.
- Having multiple fractures or crushing injuries from accidents can lead to long-term disability, chronic pain, or require numerous surgeries for recovery.
It is important to note that while serious or catastrophic injuries often lead to personal injury claims, minor injuries should not be overlooked. At first glance your injury might seem minor, but certain injuries can develop into chronic conditions over time. For instance, what initially seems like simple whiplash from a car accident can evolve into long-lasting pain and discomfort if not properly treated.
In addition to the type of injury sustained, it’s important to also consider the impact the injury has on your daily life, your work, and your overall health. Consulting with medical professionals is vital in accurately determining the severity of your injury.
Calculating the Cost of Your Injury
While pursuing a personal injury claim can sometimes lead to significant compensation where warranted, it’s important to also consider the costs associated with legal proceedings. Legal fees, court costs, and other expenses related to the lawsuit can add up quickly. If the potential compensation from your claim is relatively small, these costs might outweigh the potential benefits of pursuing a lawsuit. Further, pursuing a lawsuit can also require a considerable investment of time and emotional energy.
At Talbot, Carmouche & Marcello, we operate on a “no-win, no-fee” basis. This means that if we don’t win your case, you don’t pay us a fee. We understand that the aftermath of an injury can be a challenging and financially taxing time. That’s why we are committed to ensuring our services are accessible to help you make the right decision following an injury.
It’s crucial to conduct a cost-benefit analysis with an experienced personal injury attorney who can provide a more precise estimate of potential costs and the possible compensation you could receive. In a personal injury claim, there are two types of damages, or compensation, to consider when calculating the cost of your injury.
Economic Damages
Economic damages, also known as compensatory damages, are monetary awards in a lawsuit intended to compensate the plaintiff for actual, quantifiable financial losses resulting from an injury or harm. These losses are tangible and can be calculated precisely based on out-of-pocket expenses.
Examples of economic damages include medical expenses, both present and future, which can range from emergency room visits and surgeries to ongoing therapies and medications. Both catastrophic and minor injuries can result in considerable medical expenses.
Other economic damages include lost wages if the victim had to take time off work due to the injury, and loss of earning capacity if the injury has affected the victim’s ability to earn a living in the future.
Non-economic Damages
Non-economic damages, also known as general damages, are awarded in a lawsuit to compensate the plaintiff for non-monetary, often subjective, losses related to an injury or harm. These damages are designed to compensate for losses that don’t have a direct cost but still impact the victim’s quality of life.
An example of non-economic damages is “pain and suffering” which encompasses the physical pain and emotional distress a victim may endure as a result of the injury. Another example is the impact on the person’s quality of life or a loss of enjoyment of life, which relates to a diminished ability to enjoy day-to-day pleasures and activities. You may also consider emotional distress, which can encompass anxiety, depression, or other emotional trauma caused by the injury.
Other examples include loss of companionship or consortium if the injury has affected the victim’s relationship with their spouse, and disfigurement if the injury has left visible scars or other physical changes. These damages are often harder to quantify than economic damages, but they can be equally important in a personal injury lawsuit.
Working with an Attorney to Make Your Decision
In any personal injury case, contacting an attorney as soon as possible can be important to your claim. A personal injury attorney can help evaluate your situation to determine if your injury is serious enough for a lawsuit, as well as calculate the potential compensation associated with your injury. They can also assist you with gathering all the necessary evidence, determining the party, or parties, at fault, negotiating with insurance companies on your behalf, and representing you in court if necessary. An attorney should be able to guide you every step of the way and handle the details of your case while you focus on your recovery.
Partner with Us for Your Personal Injury Case
Experienced attorneys can provide you with a clearer understanding of your case and guide you in making the most informed decision. At Talbot, Carmouche & Marcello, we’re committed to helping you navigate this difficult time. You don’t have to act alone and wonder whether your injury is serious enough for a lawsuit. Reach out to us for a free consultation, and let our team guide you through the process.