Proving that Your Injuries are Serious
When you have to live with the consequences of a personal injury caused by the carelessness or negligence of another person, you can readily understand the substantial impact that even a seemingly minor injury can have on all aspects of your life. But when you go to court, you may have challenges showing that your injury is serious, that you merit a significant monetary award to cover your losses.
As a general rule, both juries and insurance companies tend to categorize injuries and consider some more “serious” than others, thereby calling for a higher damage award. And the factor that juries and insurance companies give most weight to is pain. How much pain do you suffer because of your injury?
In assessing the “serious” nature of an injury, courts typically distinguish between so-called “soft tissue” injuries and the more tangible hard injuries. Soft tissue trauma includes damage to muscles, tendons, ligaments, skin and internal organs. Because of the difficulties in determining the full extent of a soft-tissue injury, soft tissue injuries frequently bring smaller damage awards, even though they may have a more debilitating effect on your daily life. You may not be able to sit, stand or lie down without discomfort because of trauma to your lower back, but you may not get a significant damage award because the damage is not visible.
Hard injuries generally manifest more clearly—broken bones, amputation or loss of limb, head or spinal cord injury, paralysis. Unfortunately, because these types of injuries are easy to see, they typically lead to larger damage awards.
The key to maximizing your recovery is the choice of an experienced attorney. Your lawyer will need to introduce clear and convincing evidence of the full consequences of your injury, usually through an expert witness.
Contact Our Office
To schedule a free initial consultation, contact our office online or call us at 973-993-8787 to set up a free initial consultation. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.
We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.