Is My Injury Serious Enough for an Attorney? – Mark Schiffrin PA
There are many types of major injuries caused by someone else’s negligence. Most of these are serious enough to need a lawyer. The most serious ones might gradually result into death, paralysis, serious burns, injuries requiring surgery, disabling injuries, and disfiguring injuries. These are among those types of injury that require the help of an experienced lawyer.  

Other injuries include whiplash, strains, sprains, partially torn ligaments, etc.  These injuries are often referred to as “soft tissue injuries” by the insurance companies.  Often, insurance adjusters refer to soft tissue injuries with disdain, as though they are not genuine injuries. The irony is that for an insurance adjuster, a stroke and heart attack are also counted as soft tissue injuries.  

Personal injury lawyers usually deal with soft tissue injuries, as well as other types of injury in different ways. These injuries involve many variables, especially in determining whether you have a case or not.

Personal injury usually involves negligence or wrongful acts that cause injury, harms, losses, or death to individuals. In these situations a person or family of that person generally suffers financial harms from the injury that has been caused. These include things such as lost income, medical bills, deductibles, property damage to automobiles, or damage to other property. These are direct out of pockets expenses and losses that people go through in a personal injury case. You need to determine what costs and expenses you can and cannot have reimbursed. It is crucial since it is the reason why people need to consult an accident and injury attorney when they have been harmed by someone else’s wrongful acts or negligent conduct.

Depending on how it happened, the lawyer can help you determine if there is someone who should be held responsible for the harms caused. Also, you may have a claim for other personal injury harms and losses. Harms and losses such as pain and suffering, mental anguish, disfigurement, and disability are all examples of harms that are caused where it is the law that you are to be compensated for the harm caused. However, not all personal injury cases involve all of these damages, and even where a person might believe that they have suffered one of the above, not all cases are entitled to reimbursement without the proper documentation or evidence of such harm occurring. You must be aware of the proper evidence and personal injury law to use to present your harms in order to be compensated for them. 

When trying to negotiate your personal injury claim, you must take into account the insurance company you are dealing with. Also, you should know why that insurance company acts the way they do, and why the insurance company feels like it can get away with treating people so poorly.

You should know who you are dealing with. First you have to understand what liability insurance is, and what it says. This involves an understanding of personal injury law. Liability insurance typically has language that says that the insurance company will pay for what you become legally liable for because of whatever type of policy it is.

Obviously there are certain exclusions as well. You do not sue the insurance company, you have to sue the person who was the driver, or the company that caused the injury, once you prove that the insured person or company is “legally liable” then the insurance company can be forced to pay. In usual, most insurance companies do not force you to file a lawsuit prior to negotiating with you. They will often make attempts to settle the case without you needing to go to litigation. However, if they have decided that they want to get out of your case cheap, or want to use and excuse not to pay, there is nothing you can do about it other than file a lawsuit.

When you have been injured due to someone else’s negligence or wrongful acts, there are several steps you should take to make sure that financially you are not the person who needs to pay the entire bill for the bad behavior of someone else.

Always make sure to get the names, addresses and phone numbers of all people involved, and any witnesses – including ID’s. Call the police if you are injured due to someone else’s bad actions. Keep in mind that a report needs to be made, and if your injury is serious, you will need their help in gathering all identifying information. Police usually investigates to check if there was any crime committed in their opinion. A good report will always have all identifying information on parties and witnesses that the officers were able to talk to. If possible, take photographs or have someone take them on your behalf, of the scene, of any damage to property, of any injury, of the people present. This includes people involved in committing the negligence or wrongful act. Get medical attention for your injury. Get copies of any and all reports that were made. Get documentation of anything you are out of pocket. Keep names, addresses and phone numbers of any witnesses who can testify about how your injury has changed you from before the occurrence, and after the occurrence. These types of witnesses might be your spouse, friends, family, coworkers, neighbors, church members, or other people you see day to day. Typically, doctors are good at giving the technical language of what your injury is, but only people you know can testify about “how” this injury has changed you. You need to remember that if you go to court to testify and you do not have other witnesses to back up what you say about how the injury has changed you, then depending on your testimony, you need to speak out.

An experienced and well-reputed Florida attorney will understand your case and the fact that insurance companies are a business. They intend to make a profit for you. You typically cannot expect the people you deal with to go out of their way to try and understand your point of view. But, you can expect the most from your lawyer in this context.