How Residual Injury Affect Your Accident Claim In California

Different Kinds of Residual Injuries

The most common residual injuries are scars or disfigurement, either directly because of the accident, or because of the surgeries and treatments, they had to undergo following the accident. Residual injuries of this nature can have a negative effect on the victim, especially if it affects their face or ability to move. Filing a lawsuit is an option after such injuries.

Sometimes, scars can even make parts of the body less mobile. For example, if you had surgery on your shoulder, a large scar can make you lose part of your shoulder mobility, which can even impact your employment if you are an athlete, fireman or any profession requiring physical labor.

Unfortunately, it is also possible to suffer from joint pain following a car accident. Depending on the severity, the pain can be worse. The pain may last for a very long time, even after the injury healed affecting the quality of life of the victim.

What Can You Do?

If you have suffered some form of accident in California that has led to a residual injury, you are likely entitled to compensation for all your medical sufferings caused by the car accident. As such, you can add residual injuries to your claims.

Always have documentation and remember to save all information following your accident. It’s important at this time to provide sufficient medical evidence that the residual injury is directly caused by the accident. Medical records are the best way to prove this. Speak with your previous physicians for past records. When you get a diagnosis, your doctor will let you know if you can expect any residual consequences of your injuries or treatment, and it will be added to your medical file. Have medical proof is the best form of evidence in your California accident claim.

Injuries caused due to accidents end up with the victim receiving compensation that depends on the extent of said injury. However, residual injuries have the potential to substantially increase your compensation claim irrespective of the main injury. Since residual injuries can heavily affect the value of a claim, it is best for laymen to understand what those are and how they can benefit them; we’ll discuss all factors related to residual injuries in this article.

After an accident, full recovery is extremely hard. Some lucky victims manage to recover completely while others have to put up with the side effects that prevail even after the wound heals. These are the side effects or symptoms that your car accident lawyer will use to make a bigger claim for compensation.

Injuries caused due to accidents end up with the victim receiving compensation that depends on the extent of said injury. However, residual injuries have the potential to substantially increase your compensation claim irrespective of the main injury. Since residual injuries can heavily affect the value of a claim, it is best for laymen to understand what those are and how they can benefit them; we’ll discuss all factors related to residual injuries in this article.

After an accident, full recovery is extremely hard. Some lucky victims manage to recover completely while others have to put up with the side effects that prevail even after the wound heals. These are the side effects or symptoms that your personal injury lawyer will use to make a bigger claim for compensation.

What Are Residual Injuries?

As we stated above, the prevailing symptoms after major bodily damage has healed are known as residual injuries. These injuries do not necessarily appear in the form of disfigurement or permanent disability. They may appear as scars or ligament injuries that limit a person’s overall mobility or cause pain upon movement. There are two main types of residual injuries:

Joint or Ligament Damage

Joint dislocations or ligament ruptures may cause residual effects in many people. Even after recovering, a person may experience a decrease in the mobility range of their limbs and joints due to this. As one ages, these symptoms may worsen and cause discomfort or pain to the injured person.

Scars or Disfigurement

Scars are caused as a result of medical procedures undertaken in order to seal or repair the original damage. However, even after healing, scars do not fade away and may make the victim feel ashamed about their cosmetic shortcomings. In residual scarring and disfiguration, the size and location of a scar are extremely important when valuing the compensation claim. Scarring on areas that are always visible, like the face and neck, makes for significantly higher claims than areas that remain hidden with clothes.

Why Residual Injuries Increase Compensation Award

It is the persistent nature of these residual injuries that lead to the court placing a higher monetary value on them than other types of damages. They may be permanent in nature or may last a very long time, thereby drastically reducing the opportunities available to a victim – both in their personal and professional life. This stagnation of life quality is a direct consequence of such injury and ought to be recompensed accordingly. These claims also include any medical costs that may be incurred in the course of treatment of the residual injury.

How to Pursue Residual Injury Compensation

Hire a Lawyer

When pursuing a claim, it is wise to always have a legal expert by your side. Lawyers understand the nitty-gritty of the law and are well-versed with the loopholes insurance companies use to escape responsibility. They also act as mental support and provide the confidence that you will receive your deserved claim.

Consult Your Doctor

Since it is a medical problem your claim is based on, you will need the word of a registered and trusted medical professional to strengthen your claim. To receive residual injury compensation, the victim must prove that the prevailing symptoms are direct consequences of the original injury caused due to the accident. Be honest with your doctor and give them a thorough account of anything that feels out of the ordinary. Your entire case depends on the observations made by the doctor.

Formulation of the Medical Report

Once the doctor is convinced that your injuries are in fact residual, they will write a detailed medical report that you can use in your negotiations with the insurance company. The medical report should include information on three major questions. Whether the injuries could lead to permanent or long-term effects on the quality of your life? Whether there is a chance of such injuries evolving into complications in the future? Whether the injuries have caused partial or complete immobility in any part of your body, hindering your ability to do daily physical activities?

The value of your damages will be decided based on how many of these questions were answered in the affirmative. Your award will be the highest if all three scenarios are answered with a yes.

Negotiations

Of course, just because a medical report supports your claim, the insurance company will not bend over backward to pay you. There will be a few negotiation rounds where the company’s representative will offer you lower and ‘more than sufficient’ damages. Most people naively accept whatever offer the insurance provider makes and this is why we always stress the importance of a lawyer in compensation claims. The lawyer will not accept any offer that doesn’t fully cover the expenses and, the physical and mental despair caused due to an injury. They will vigorously negotiate on your behalf and you can rest assured that you will receive the best possible award with the help of an attorney.

Negotiations may also take into account the upcoming costs of medical procedures to treat a residual injury like cosmetic surgery for a scar. Even if it isn’t a compulsory procedure for healing purposes, the scar is a residual injury, and any procedure undertaken to address it would be included in the negotiation by your lawyer.

It is always better to have a figure in mind when pursuing a claim because it acts as a threshold that the insurance company’s award should not fall below.

A Team of Dedicated Legal Professionals to Support You

At Krasney Law Accident Attorneys, we take immense pride in our stellar track record of helping clients settle their accident claims. If you need legal help, we always have your back. We will examine your case, find evidence in your support and negotiate with your best interests in mind.

Our experts have years of experience in dealing with different types of compensation cases for our clients. If you’re ready to hire proactive attorneys who will assist you every step of the way, write to us or give us a call, today.