Just as many factors can cause a personal injury, the injuries themselves can be as diverse. While the court does distinguish between minor and significant physical distress, many erroneously believe that only substantial injuries are worth filing a claim over. If you're experiencing discomfort due to another's negligence, learn how these injuries are classified and the options available to receive compensation. 

What's a Personal Injury Claim?

A personal injury claim is filed by an individual seeking damages (compensation) against negligent people or companies whose actions or inactions led to physical and emotional setbacks. 

Claims are usually filed due to vehicle collisions. These crashes typically involve cars, trucks, motorcycles, and bicycles. Others seek damages for injuries sustained under negligent medical care through a doctor or hospital. The mistakes may result in incorrect diagnoses, prescription errors, and surgical mistakes. Companies involved in consumer goods, such as electronic devices, toys, and medication, may also cause preventable injuries. 

However, any entity that had a duty of care to you and failed, resulting in injuries, can be held liable. 

What Are Common Misconceptions? 

Most people believe that by filing a claim, they'll have to go through a lengthy and time-consuming trial. However, the opposite is true. The vast majority of personal injury cases never see the courtroom. Instead, they're resolved more expediently through settlement negotiations or mediation.

In the latter situation, a former judge or attorney will act as an impartial mediator between you (the plaintiff) and the negligent party (the defendant). The mediator acts as a go-between and a sounding board for ideas so that a beneficial arrangement can be agreed upon. The negligent party probably won’t be attending the mediation because the offers of settlement made on behalf of the negligent party are typically handle by the defense attorney and the insurance adjuster. 

What's the Difference Between Minor & Major Personal Injury Claims?

The court sees soft tissue damage—cuts, sprains, pulls, and strains of tendons, muscles, and ligaments. Even if the injury doesn’t involve a fracture or a surgical situation, some soft tissue injuries have life-long consequences, and it is important to seek medical assistance, (not because it makes their case better but because it can improve their change for healing). Also, having a documentation of all the injuries as early as possible following the crash assists the doctor in concluding that the crash was the cause of the injury. The doctor’s ability to conclude that the crash caused the injuries becomes more difficult if the injured person waits months to talk to the doctor about the crash and the physical problems experience after that incident.  However, after an incident, many feel an adrenaline rush. It may block out the discomfort associated with the injuries. Some injuries take days or weeks to be understood by the body. Even if you believe your injuries are minor, seek out medical assistance as quickly as possible. The faster the injuries are documented, the faster they can be treated, and you'll have an increased chance of receiving damages. 

The court considers a significant injury one that causes permanent damage or a permanent shift in the plaintiff's way of life, such as a disability or the inability to continue working at the same job. 

Any injury can result in psychological trauma. Individuals experiencing depression and anxiety can be compensated through pain and suffering damages. 

Regardless of the extent of your personal injury, the negligent parties responsible should be held accountable. Since 1992, the attorneys at Salerno & Leavitt have established an impressive track record of obtaining damages that their clients deserve for the injuries they sustained. Your case will be handled with focus and compassion while they pursue those responsible with resolve and fearlessness. For more information on their practice areas, visit their website. If you're in the Omaha, NE, area, call (402) 502-9002 for a free case evaluation.