Types of Injuries in Accidents
A major injury can be sustained to almost any portion of the body from the trauma of an automobile collision. Physical harm from car accident injuries can linger for a lifetime or even for many years. The following is a short list of some of the most frequent injuries sustained by people who have been involved in car accidents.
Spinal Cord Injuries
Torque applied to the body as a result of the impact of a collision can result in spinal cord injuries that can cause long-term impairment. If the spinal cord is injured, the victim may have either partial or complete paralysis below the level of the damage.
Whiplash
One of the most typical kinds of injuries from car accidents is this whiplash. When the head is abruptly yanked backward and then forwards, the neck snaps as if a whip were being cracked, resulting in whiplash. Whiplash can harm the neck’s tendons, facet joints, ligaments, discs, and muscles.
Brain Injuries
Accidents involving motor vehicles are one of the primary causes of traumatic brain injury or TBIs. TBI is damage to brain tissue that happens when the head is suddenly moved. This injury frequently occurs in automobile collisions when the head strikes a side window, the steering wheel, or the dashboard, causing the neck to snap forward on contact.
One specific type of traumatic brain damage is known as a concussion. It is often referred to as a mild brain injury, but that doesn’t make it any less severe. All types of brain injuries require immediate medical attention.
Broken Bones
Broken bones, particularly those in the limbs, are perhaps the most common types of injuries in accidents. It’s possible that you won’t feel the effects of a fractured bone until after you’ve left the accident site. As with all types of injuries that occur during a car accident, seeking medical help sooner rather than later is crucial for a good outcome.
PTSD
The types of injuries you suffer in an accident are not always physical. Accidents can occasionally leave emotional scars instead. Each stressful incident, including a vehicle accident, carries a very real risk of post-traumatic stress disorder. Everyone can have PTSD at any moment; it’s neither an indication of fragility nor an inability to cope. Instead, it’s a health problem that could need medical attention. Because it frequently has no physical symptoms and usually develops after the original trauma, PTSD can be challenging to diagnose.
Different Types of Damages Available in a Personal Injury Case
In a personal injury case, different types of damages can be awarded to you. Understanding the types of damages available can help you, and your attorney build a strong case, ensuring you receive fair financial compensation for your loss.
Compensatory Damages
Compensatory damages are meant to compensate you for your actual loss or expenses incurred due to the injury. Compensatory damages include medical bills, lost wages, property damage, and related costs from your injury. In addition, compensatory damages aim to make the plaintiff whole again, ensuring they are not financially burdened due to an injury caused by another party.
Non-Economic Damages
Non-economic damages are a subset of compensatory damages and refer to damages that are not directly related to financial losses. Non-economic damages often include pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more difficult to calculate as they are subjective and vary from plaintiff to plaintiff. An experienced personal injury attorney will help you determine the appropriate amount of non-economic damages to pursue in your case.
Punitive Damages
The court can award punitive damages in cases where the defendant’s conduct is reckless. The purpose of punitive damages is to punish the defendant and deter them from engaging in similar behavior in the future. Punitive damages act as a warning to others and are not meant to compensate the plaintiff for their losses.
Nominal Damages
Nominal damages are small monetary awards granted to the plaintiff in recognition of a legal right that has been violated but where no actual damages have been suffered. Nominal damages are often awarded in cases where the plaintiff’s rights have been violated. However, there is no quantifiable loss or injury.
Liquidated Damages
Liquidated damages are a specific amount agreed upon by both parties in advance, typically in a contract, to be paid in case of a breach. Liquidated damages are helpful in cases where it’s difficult to quantify the damages that may be suffered in the event of a breach of contract.
Wrongful Death Damages
Wrongful death damages can be awarded to the surviving family members of a deceased person due to another party’s negligence or wrongdoing. These damages include compensation for funeral expenses, loss of financial support, loss of companionship, and any incurred emotional distress due to the loss.
Future Damages
Future damages are awarded to compensate the plaintiff for losses or expenses that will occur in the future. For example, suppose the plaintiff will require ongoing medical care or will miss work in the future due to their injury. In that case, they may be entitled to future damages.
Comparative Negligence Damages
In cases where both parties share some degree of fault for the injury, comparative negligence damages may be awarded. This means that the damages awarded to the plaintiff are reduced based on the assigned fault percentage.
How Pre-Existing Conditions Impact Your Personal Injury Claim
While it’s true that pre-existing conditions can impact your claim, this doesn’t mean that you shouldn’t fight for the compensation you deserve. Pre-existing conditions are the most common reason why insurance companies undervalue or deny personal injury claims. However, most adults have at least one underlying condition. In fact, between 19% to 50% of non-elderly adults in the U.S. have a pre-existing health condition.
What counts as a pre-existing condition?
According to the Department of Health and Human Services, a pre-existing condition is any illness or injury, whether mental or physical, that you experienced before your personal injury claim. This includes:
- Birth defects or congenital abnormalities
- Injuries sustained from a previous and unrelated accident
- Injuries that have not healed or are in the process of being treated and/or healing
- Conditions that occur only during times of stress (ie. asthma)
For example, if you broke your leg 10 years ago and the injury was properly treated and healed, but then you suffer a broken leg again due to an auto accident, this would not be considered a pre-existing condition. On the other hand, if you’re one of the millions of people who suffers from anxiety or panic attacks and the condition is more frequent or more severe after an auto accident, this would be considered a pre-existing condition. In this event, the insurance company will require medical proof that your pre-existing condition was worsened by the accident.
Tips for filing a claim with a pre-existing condition
If you’ve been injured in an auto accident, don’t let a pre-existing condition keep you from filing a claim. Here are some things to keep in mind throughout the process.
Be honest
One of the best things you can do in this scenario is to be honest about your health before and after the accident. It’s crucial that you disclose your condition to your doctor and your lawyer. Hiding evidence of a pre-existing condition will hinder your case. The more transparent you are throughout the process, the better.
Seek medical attention
Even if you don’t require immediate medical attention for your pre-existing condition, it’s best to see your doctor. This is especially true if your condition has been worsened by the trauma of an auto accident. A doctor can verify any worsened severity of your pre-existing condition while also documenting any new injuries that you’ve sustained. In court, a doctor can serve as a witness for your personal injury claim, as they can testify that your pain and suffering is a direct result of the accident. That is why you must go to a doctor right away. When filing your claim, be sure to have this medical documentation in hand. The more evidence you have to take to court, the better chances you have of reaching a fair settlement.
Spinal Cord Injuries and Paralysis
Spinal cord injuries (SCI) and paralysis are devastating, life-altering events that can leave victims with significant long-term effects. As a personal injury attorney, we have seen the devastating impact these injuries can have on victims and their families and it is important to help them receive the compensation they deserve to help them manage the long-term effects of their injuries. The spinal cord is a bundle of nerves that runs down the center of the back and connects the brain to the rest of the body. SCI occurs when there is damage to the spinal cord, which can be caused by trauma, such as a car accident, a fall, or a sports injury. The severity of SCI can vary greatly depending on the location and extent of the injury, but it often results in some form of paralysis.
Paralysis is a loss of muscle function that can occur in different parts of the body, depending on the location of the spinal cord injury. Paralysis can be partial or complete, temporary or permanent, and it can affect different parts of the body, including the legs, arms, and torso. The two most common types of paralysis are quadriplegia, which affects the arms, legs, and torso, and paraplegia, which affects the legs and torso. The long-term effects of SCI and paralysis can be significant and life-changing. For many victims, the physical effects of SCI and paralysis are just the beginning. They can also experience emotional, psychological, and financial impacts that can last a lifetime.
Physical Effects of Spinal Cord Injuries
The physical effects of SCI and paralysis can vary greatly depending on the location and severity of the injury. In some cases, victims may experience partial paralysis, which can affect their ability to move or control certain parts of their body. In other cases, victims may experience complete paralysis, which can leave them unable to move or feel anything below the level of the injury. The physical effects of SCI and paralysis can also include chronic pain, muscle spasms, and loss of bladder and bowel control. These effects can make it difficult for victims to perform daily tasks, such as bathing, dressing, and using the bathroom. In addition, SCI and paralysis can make it difficult for victims to maintain a healthy lifestyle, which can lead to further health complications, such as obesity, heart disease, and diabetes.
Emotional and Psychological Effects
The emotional and psychological effects of SCI and paralysis can be just as devastating as the physical effects. Victims may experience depression, anxiety, and post-traumatic stress disorder (PTSD) as they come to terms with their injuries and the impact they will have on their lives. They may also experience feelings of isolation and loneliness as they struggle to adjust to their new way of life. For many victims, the emotional and psychological effects of SCI and paralysis can be more challenging to manage than the physical effects. They may need ongoing support from therapists, counselors, and support groups to help them cope with their emotions and adjust to their new way of life.
Financial Effects
The financial effects of SCI and paralysis can be significant and long-lasting. Victims may face high medical bills, rehabilitation costs, and ongoing expenses related to their care and treatment. They may also lose income if they are unable to work due to their injuries.
In addition, victims may face other financial challenges, such as difficulty accessing affordable housing and transportation. They may also need to make modifications to their homes and vehicles to accommodate their disabilities, which can be expensive. As a personal injury attorney, we have seen firsthand the devastating impact SCI and paralysis can have on victims and their families. It is important for victims to seek legal representation to help them recover the compensation they need to manage the long-term effects of their injuries. Compensation can help cover medical bills, rehabilitation costs, lost income, and other expenses related to their injuries.
What Are the Common Spine Injuries Caused by Accidents?
The spine is comprised of four regions:
- Cervical (neck)
- Thoracic (middle and upper back)
- Lumbar (lower back)
- Sacral (pelvic area)
The spine is made up of approximately thirty-three bony vertebrae plus spinal discs, muscles, ligaments, tendons, fluid, and the spinal cord. If there is injury or damage to any of these areas, it can cause serious spine problems. The following are the most common spine injuries cause by accidents:
- Herniated discs
- Lumbar spinal stenosis
- Scoliosis
- Spinal cord compression
- Spinal nerve compression
- Spinal deformity
- Spinal fractures
The most common cause is traumatic injuries, such as those sustained in motor vehicle accidents or contact sports. Nearly half of all spine injuries are caused by car accidents.
It is therefore very critical that you should obtain the proper medical diagnosis after any accident to ensure you understand the seriousness of the injury and what type of medical treatment is necessary.
Symptoms of Spinal Cord Injuries
Spinal cord injuries can result in the following:
- Loss of movement
- Loss of or altered sensation
- Extreme back pain or pressure in the neck or head area
- Numbness or weakness
- Spasms
- Sudden difficulty with walking or balance
Accident Statistics
Each year there are over 17,000 new spinal cord injuries caused by accidents in the U.S. Statistically, most spinal cord injuries affect men, as men account for 78% of these injuries. The average of victims are now 43 years old, a notable increase from the 1970’s when the average age was 29 years old. Not surprisingly, car accidents are the cause of over 39% of these injuries.
The most common result of the traumatic spinal cord injuries:
- 6% sustain complete paraplegia
- 3% sustain complete tetraplegia
- 9% sustain incomplete paraplegia
- 6% sustain incomplete tetraplegia
- 6% retain normal sensation and function
Traumatic Brain Injuries and their Long Term Effects
Traumatic brain injuries (TBIs) are a type of injury that occurs when there is a sudden jolt or blow to the head that disrupts the normal functioning of the brain. They are often caused by car accidents, falls, sports-related incidents, and acts of violence. TBIs can range from mild to severe, and their effects can be long-lasting, impacting not only the injured person but also their loved ones. As a personal injury attorney, it is essential to have a thorough understanding of TBIs and their long-term effects to best serve your clients who have suffered such injuries.
The immediate effects of a TBI can include loss of consciousness, confusion, headaches, dizziness, nausea, and vomiting. In more severe cases, the person may experience seizures, weakness, numbness, or paralysis. In some cases, the symptoms may not appear immediately, making it difficult to identify the injury initially. However, even after the initial symptoms have subsided, the long-term effects of a TBI can be significant. The effects can vary depending on the severity of the injury, the age of the person, and other factors. Some of the long-term effects of TBIs include:
- Cognitive Impairments
TBIs can lead to cognitive impairments, affecting a person’s ability to think, remember, and learn. They may have difficulty with concentration, attention, and problem-solving. They may also experience a decline in their IQ or intelligence quotient. Cognitive impairments can have a significant impact on a person’s ability to work, perform daily activities, and engage in social relationships.
- Emotional and Behavioral Changes
TBIs can also lead to emotional and behavioral changes, causing a person to become irritable, moody, or aggressive. They may also experience anxiety, depression, or mood swings. In some cases, the person may develop post-traumatic stress disorder (PTSD), leading to flashbacks and other symptoms that can significantly impact their quality of life.
- Physical Impairments
TBIs can also lead to physical impairments, including difficulty with balance and coordination, vision and hearing problems, and weakness or paralysis in the limbs. These physical impairments can significantly impact a person’s ability to perform daily activities, work, and engage in recreational activities.
- Increased Risk of Dementia
Studies have shown that TBIs increase the risk of dementia, particularly in individuals who have suffered repeated head injuries. This risk is higher in people who have suffered a TBI at a young age or who have a family history of dementia.
- Increased Risk of Suicide
People who have suffered a TBI are at an increased risk of suicide. This risk is higher in individuals who have experienced depression, anxiety, or other emotional and behavioral changes as a result of their injury.
- Financial Consequences
TBIs can have significant financial consequences, including medical expenses, lost wages, and reduced earning capacity. These costs can be significant, particularly for individuals who have suffered severe injuries. In conclusion, traumatic brain injuries can have significant and long-lasting effects on an individual’s life. These effects can impact a person’s cognitive, emotional, and physical abilities and increase the risk of dementia and suicide. As a personal injury attorney, we believe it is essential to understand these effects to best serve our clients who have suffered such injuries. We take into account the long-term consequences of TBIs when negotiating settlements or presenting cases in court to ensure that our clients receive the compensation they need to cover those costs.
Amputation Injuries
The ramifications of amputation injuries can be far-reaching, affecting not only a person’s physical health but also their emotional and financial wellbeing. These types of injuries can arise from a variety of causes, such as medical conditions, accidents, or trauma, and can lead to a range of complex and long-term effects. The most visible consequences of amputation injuries are often physical in nature. Loss of a limb can result in a host of difficulties, including mobility and balance issues, as well as the occurrence of phantom pain. This is especially true for those who have undergone amputations of their lower extremities. In addition to these immediate physical impacts, amputation injuries can also increase the risk of other health problems, such as infections and cardiovascular disease.
The psychological effects of amputation injuries should not be overlooked either. Losing a body part can lead to a range of negative emotions, including grief, depression, and a diminished sense of self-worth. Body image concerns and feelings of social isolation can also be common. Anxiety and PTSD related to the circumstances surrounding the injury can also exacerbate these issues, leading to a considerable psychological burden.
Furthermore, the financial toll of amputation injuries can be significant. Depending on the extent and location of the amputation, individuals may require various forms of medical treatment and assistive devices, such as surgery, physical therapy, and prosthetics. Home or vehicle modifications may also be necessary to accommodate their physical limitations. These expenses can be substantial, and many individuals who have undergone amputations may find themselves struggling to manage the costs of their care. Loss of income and a decrease in earning potential can also compound these financial challenges, especially for those who held physically demanding jobs before their injury.
Preventing amputation injuries involves various measures, such as taking precautions to avoid accidents, managing medical conditions that increase the risk of amputation, seeking prompt medical attention for injuries or infections, and adhering to safety protocols in the workplace. It is also crucial to ensure that those who have experienced amputation injuries have access to support and resources, including medical care, assistive devices, and mental health services.
To sum up, amputation injuries can have severe and long-lasting effects on a person’s life. By understanding the physical, psychological, and financial consequences of these injuries, we can work towards preventing them and providing necessary support for those who have been affected.
Severe Burn Injuries and their Effects
Severe burn injuries can have catastrophic and long-lasting effects on a person’s life. These injuries can occur in a variety of contexts, such as car accidents, workplace accidents, and premises liability incidents. When a burn injury is caused by the negligence or intentional harm of another person or entity, it may be possible to pursue compensation through a personal injury lawsuit.
Burn injuries are classified according to their severity, with first-degree burns being the least severe and fourth-degree burns being the most severe. First-degree burns typically only affect the outer layer of skin and can be treated with home remedies. Second-degree burns involve damage to both the outer and underlying layer of skin and may require medical treatment, such as the application of topical ointments or antibiotics. Third-degree burns are the most severe, involving damage to all layers of the skin, as well as underlying tissue and bone. These types of burns require immediate medical attention, such as skin grafting or surgery.
In addition to the physical pain and scarring caused by burn injuries, these injuries can also have emotional and financial impacts. Burn survivors may experience depression, anxiety, and post-traumatic stress disorder (PTSD) related to the incident. They may also face extensive medical bills, lost wages, and a decrease in their quality of life. When a severe burn injury is caused by the negligence or intentional harm of another person or entity, it may be possible to pursue compensation through a personal injury lawsuit. This typically involves hiring an experienced personal injury attorney to investigate the incident, gather evidence, and build a strong case.
One of the critical elements of a burn injury lawsuit is establishing liability, i.e., proving that the defendant was responsible for the injury. This requires demonstrating that the defendant had a legal duty to the plaintiff, that they breached that duty, and that the breach caused the plaintiff’s injury. In cases involving burn injuries, this may involve proving that the defendant was negligent in maintaining a safe environment or that they intentionally caused harm.
The compensation awarded in a burn injury lawsuit may vary depending on the circumstances of the case and the jurisdiction in which the lawsuit is filed. Typically, damages awarded in a burn injury case can include compensation for medical expenses, lost wages, pain and suffering, and disfigurement or scarring. In cases where the defendant’s conduct was particularly egregious, punitive damages may also be awarded. It is essential to note that pursuing a burn injury lawsuit can be a lengthy and emotionally challenging process. Burn survivors may need to undergo extensive medical treatment and rehabilitation, which can prolong the legal process. Moreover, even with a successful lawsuit, it may not always be possible to obtain full compensation for the injuries suffered.
Despite these challenges, pursuing compensation through a personal injury lawsuit can be a crucial step in the healing process for burn survivors. It can provide a sense of justice and accountability for the responsible parties, as well as financial support for the damages suffered. Additionally, it may help prevent similar incidents from occurring in the future by holding negligent parties accountable for their actions. In conclusion, severe burn injuries can have devastating physical, emotional, and financial impacts on a person’s life. When these injuries are caused by the negligence or intentional harm of another person or entity, it may be possible to pursue compensation through a personal injury lawsuit. However, it is essential to work with an experienced personal injury attorney who can help navigate the legal process and build a strong case. By pursuing compensation, burn survivors can obtain the financial support they need to recover and hold negligent parties accountable for their actions.
Damages Associated with Emotional Distress
Personal injury cases often involve physical injuries, such as broken bones, lacerations, and other types of bodily harm. However, they can also cause significant emotional distress, such as anxiety, depression, and PTSD. Emotional distress can be factored into personal injury cases, and damages can be recovered for this type of harm. Emotional distress can be a significant factor in personal injury cases, particularly in cases involving traumatic incidents, such as car accidents or slip and fall accidents. Emotional distress can manifest in a variety of ways, including:
- Anxiety and fear
- Depression and sadness
- Post-traumatic stress disorder (PTSD)
- Insomnia and other sleep disturbances
- Flashbacks and nightmares
- Irritability and anger
In personal injury cases, emotional distress can be factored into the damages awarded to the plaintiff. The damages awarded for emotional distress will depend on the severity and duration of the emotional harm suffered by the plaintiff.
Proving Emotional Distress in Personal Injury Cases
Proving emotional distress in personal injury cases can be challenging. Unlike physical injuries, emotional distress is not visible and can be difficult to quantify. However, there are several ways to demonstrate the emotional harm suffered by the plaintiff, including:
- Medical records: Medical records can document the plaintiff’s emotional distress and the treatment received for this type of harm.
- Expert testimony: Expert witnesses, such as psychologists or psychiatrists, can provide testimony regarding the plaintiff’s emotional distress and the impact it has had on their life.
- Witness testimony: Witnesses, such as family members or friends, can testify to changes in the plaintiff’s behavior or demeanor since the injury occurred.
- Personal testimony: The plaintiff can testify regarding the emotional distress they have suffered as a result of the injury.
Recovering Damages for Emotional Distress
In personal injury cases, damages for emotional distress can be recovered in two ways: through economic damages and non-economic damages.
Economic Damages
Economic damages are damages that can be quantified, such as medical expenses, lost wages, and other out-of-pocket expenses. Economic damages can also include damages for emotional distress that can be directly linked to a specific financial loss. For example, if the plaintiff’s emotional distress caused them to miss work and lose income, they may be able to recover damages for the lost wages.
Non-Economic Damages
Non-economic damages are damages that cannot be quantified, such as pain and suffering, loss of enjoyment of life, and emotional distress. Non-economic damages can be more challenging to calculate, as there is no specific financial loss to link them to. However, non-economic damages are often significant in personal injury cases, particularly in cases involving emotional distress.
In some cases, states may place a cap on the amount of damages that can be recovered for non-economic damages, including emotional distress. These caps vary by state and can limit the amount of compensation available to plaintiffs for non-economic damages. Emotional distress can be a significant factor in personal injury cases, and damages can be recovered for this type of harm. Proving emotional distress can be challenging, but medical records, expert testimony, witness testimony, and personal testimony can all help demonstrate the emotional harm suffered by the plaintiff. Damages for emotional distress can be recovered through economic and non-economic damages, with non-economic damages often being significant in personal injury cases. Understanding the role of emotional distress in personal injury cases can help plaintiffs recover the compensation they deserve for the harm they have suffered.
Conclusion
There are many different injuries and damages involved in personal injury cases and our experienced personal injury lawyers have along track record of success. Call us today for a free consultation.