Quite possibly… Here are the important things to consider to find out if you deserve compensation for you injuries.
How Long After an Injury Can you File A Case?
Old injuries can be a constant nag at you. It is possible that your old injuries cause you to feel chronic pain or you are unable to do the things you used to enjoy. You may be wondering if you can sue for older injury if you are still dealing with the effects of an injury.
The Statute of Limitations
You will need to file a claim to recover injuries you sustained because of the negligence of another person. The statute of limitations is different for each state. It may vary depending on what type of injury you have sustained, the circumstances surrounding the accident and who was injured. There are many factors that can impact the time it takes to file an injury case.
What year was the incident?
- The date of the accident is the most important factor in determining how long it takes to file a personal injuries claim. However, other factors can give you additional time.
- Most states will give you a certain number of years to file an injury claim. California as an example gives you two year from the date you sustained the injury to file a claim. Some states have a longer statute of limitations, while others may require you to file a claim sooner.
What was the date you discovered injuries from your accident?
- Sometimes you may not be aware that you sustained injuries right after an accident. Let’s say, for instance, you are in an accident that results in a herniated disk. You left the accident scene with minimal pain. You didn’t seek medical treatment.
- However, as the pressure from herniated disc increased over time, you started to feel severe pain and eventually had to seek medical treatment.
In a case like this it is very possible that if you discover your injuries long after the accident, you may be able to file a personal injuries claim. The statue of limitations is based on the time you discovered that you were injured not when the injury occured. You should consult a lawyer if you have any injuries that you didn’t realize until months, or even years later after the incident.
What Are The 2 Types of Compensation?
- Pain and suffering
- Economic damages
How much is your case worth?
A personal injury attorney will represent you against the other party responsible for your accident and their insurer if they have one. The settlement is often paid for by the entity or person’s insurance company, such as a personal auto insurer or medical malpractice insurance.
The latter tends to be more common.
Your lawyer will work with insurance company representatives to negotiate a settlement. It is important you chose an experienced personal injury lawyer as insurance companies as expected want to pay the least they can. It is typical for a personal injury lawyer to list the maximum amount possible on your initial lawsuit. However, they may be able to negotiate with the insurance company to reach a fair settlement that covers your losses.
What is the difference between economic and non-economic damages?
The economic portion of your settlement amount is easy to calculate.
The cost of a personal injury lawyer can add up to:
- All your medical bills
- Your lost wages due to the accident or medical treatment
- Future medical treatment such as surgery or physical therapy, is estimated
- Personal property loss, such as car repairs or replacement
- Domestic services such as those for a parent who stays at home, are a valuable asset
- Your injuries could result in you losing your job or business opportunities.
They will, in essence, include any verifiable financial loss within the economic portion.
The non economic section of your settlement may include:
- Physical pain endured
- Emotional trauma
- Mental anguish
- Loss of companionship
- Loss of enjoyment in life
Sometimes, injuries sustained in an accident can cause permanent disability. They might need accommodations or permanent caregiver services.
Often times in these cases dependants of the victim receive a settlement to cover the financial and emotional damages they have and will endure.
Feel like you might have a case? California’s best personal injury law firms can give you additional information regarding your situation.
What are the most common types of Accidents?
1. Car Accidents
Accidents involving cars are a common cause of injury. There were 6.6 million reported vehicle accidents in 2019. In 2020, approximately 42,000 traffic accidents were fatal while another 4.8 millions sustained other injuries. They can cause significant damage. Car accidents are estimated to cost $871 billion annually, or roughly $900 per person in the United States.
Car accident injuries can vary from one person to another and from one crash to the next. While its not pleasant to hear often times car accidents can leave people with life changing injuries. It is always important to have a doctor provide more detailed information about your specific injury, information which can then be relayed to your attorney.
Here are some common injuries sustained in an auto accident.
BRUISING
Bruises usually heal in a matter of days or less. The seat belt protects you from more serious injuries but often causes bruising in a car accident.
Most bruises are not serious, but you should be careful if you do sustain one from a car accident. This could indicate something more serious. Sometimes bruises may be a sign of something more severe, possibly a pierced bone or cause blood clots.
Internal bleeding may be indicated by bruising on accident victims. A hematoma, or contusion may develop on the bruise from an accident victim. This could indicate a more serious injury. Make sure to pay ample attention to any head injuries. They could indicate brain damage that can quickly progress.
Signs a bruise indicates a more serious injury
- Mobility, weakness, numbness or “asleep,” pins and needles that cause loss of mobility
- Inflammation or discomfort that is more severe
- Nausea and vomiting
- Eye problems and headaches
- You may not heal in one week, or you might get worse.
- Urine containing blood
- Rapid pulse, fever or shallow vision
- Loss of motion, particularly in the legs
- Head injuries
- Any abdominal injuries
SCARS & DISFIGURATION
Disfiguring scars can result from facial injuries and burns, which can alter an individual’s appearance. They may require reconstructive or plastic surgery that may not completely disappear. Facial disfigurement can also be a problem if the accident victim is in a customer or audience-facing position.
Additional long-term problems such as anxiety and depression can be caused by scarring.
Some scars can contract as they heal, which reduces mobility in the area. A scar may become a keloid or a large, raised area. Scars may become infected and inflamed quickly, which can require additional medical attention.
BROKEN BONES
Broken bones and fractures from a severe impact such as an accident at work are not always obvious immediately. Often later pain or other symptoms can be used as warning signs.
Broken ribs and chest injuries are common seat belt-related injuries. Although seat belts are effective in saving lives and preventing more serious injuries, they can also be dangerous.
Types of bone fractures
- Displaced Fracture
- Non-Displaced Fracture
- Open Fracture
- Close Fracture
- Stress Fracture
- Partial Fracture
FACIAL INSURIES
It is difficult to treat skull and facial injuries. This is because the brain and major sensory areas are located in this area making treatments delicate and sensitive. The brain’s fragile parts are susceptible to injury, as well as the eyes, nose and mouth.
Common facial injuries include
- Bone fractures
- Lacerations
- Eye injuries
- Soft tissue injuries
- Burns
- Facial deformities
- Tooth loss
NECK INJURIES
The neck acts as a foundation for the head. Jolting can cause injury to the neck’s muscles and cartilage.
Whiplash occurs when the neck moves abruptly forward and backward. This movement is similar to cracking a whip. Whiplash, and other invisible injuries, can take many months to heal.
Your head weighs approximately 11 pounds. If your head is propelled forward rapidly in an accident, it can feel as though its over 60 pounds. Neck injuries can also be caused by airbags and the steering wheel which usually require medical attention.
WHIPLASH
According to the Mayo Clinic, 120,000 people are subject to whiplash injuries each year. Rear-end collisions are often the cause of whiplash, which is why it is the most common injury from car accidents. Although it can be very painful and traumatic, it usually heals in a matter of weeks.
Whiplash symptoms:
- Stiffness and neck pain
- Pain can be aggravated by neck movement
- Mobility loss in the neck
- Headaches
- Pain in the upper back, shoulder or arm
- Fatigue
- Tingling and numbness
- Dizziness
LOSS OF LIMBS
Accidents in an automobile can cause severe injury or complete amputation of a limb. Amputation can lead to costly and time-consuming rehabilitation and prostheses. This could severely limit your ability to continue with your daily activities.
The United States has approximately 1.7 million people living with limb loss. According to the National Limb Loss Information Center, one in 200 people suffers from limb loss.
HAND & WRIST INJURIES
You could inflict severe injuries if you reach out to help someone else during an accident. The delicate wrist and hand bones have complex relationships. Surgery may be required. While it heals, there may be some functions that you lose.
Dislocations can also lead to finger and toe dislocations.
FOOT & LEG INJURIES
Drivers are especially susceptible to foot and leg problems. Leg injuries can result from driving with your legs extended forward. Like the hand, the foot is made up of many small bones that can easily be broken or lost.
BRAIN DAMAGE
Traumatic brain injuries (TBIs) can be caused by vehicle collisions. Brain injuries can be caused by a range of things however motor vehicle accidents are among the most common causes. TBIs can be difficult to diagnose and are often hard to detect. A more serious brain injury could be indicated by minor problems with memory, brain function, or body functions.
TBIs can be described as a head injury that involves head bumps/blows or piercings. Concussions can be classed as a severe form of brain damage. Death or long-term complications can occur in some cases.
TBIs can affect a child’s ability to think clearly and could lead to permanent medical treatment for the adult. TBIs are responsible for approximately 2.8 million hospitalizations and 50,000 deaths each year.
CONCUSSIONS
The brain’s intense movement stops abruptly after a concussion. The brain’s movement within the skull is disrupted, and it can twist or stretch out of its normal shape. Unexpected events can cause chemical changes in brains that lead to additional complications.
Each concussion can be severe and life-threatening. A brain injury is not something that can be observed directly, unlike a broken bone. It may seem like a bump but it is actually a serious injury to your brain. Brain injuries can cause bleeding, bruising, and even ripping.
Concussions in succession can lead to brain damage.
BURNS
People might come in contact with flames or automotive parts during a car accident. If hot engine parts or other substances are sprayed, burns can be very severe. An entire vehicle can explode into flames, which could cause severe burns or death to large portions of the body.
POSTTRAUMATIC STRESS
A system shock such as a car crash can cause post-traumatic stress disorder (PTSD). You might experience flashes or visions of the accident whenever you try to get into a car. Some people experience difficulty engaging in their hobbies or display the symptoms of PTSD. You may also experience difficulty sleeping, nightmares, and other mental illnesses such as depression.
Even if you don’t have PTSD, injuries from car accidents can cause permanent emotional and mental scarring. After an injury, it is normal to consult a psychologist or therapist.
BACK INJURIES
A variety of back injuries can be caused by car accidents ( most commonly caused by rear-end collision). The most severe type of pain in the body is back pain. Back injuries from car accidents can often lead to permanent disability.
People who cannot return to work are at risk of a lifetime of disability.
There are many types of back injuries, including:
- Strain
- Sprain
- Slipped disc or herniated disc
- Disk rupture
- Nerve pinched
- Nerve damage
PARALYSIS
Paralysis can result from injuries to the spine cord or other major injuries.
Partially or completely paralysis can result depending on the extent of the injury. Motor vehicle accidents account for approximately half of all spinal chord injury cases. Paralysis is usually caused by a hit to the back, which can result in paralysis.
There is no cure for spinal cord injury. It will likely result in a lifetime worth of physical therapy, pain management, and the need for a wheelchair or another mobility aid.
Paralysis is a condition that causes paralysis. It can cause inability to move one or both of the arms or legs. However, it can also have the following effects:
- Loss of touch and feeling
- Loss of movement
- The loss of feeling heat or cold
- Chronic pain
- Spasms
- Reflex actions of large magnitude
- Difficulty in breathing
- Infertility
2. A Slip and Fall Accident
A fall can ruin your day, and sometimes your entire life. You can get serious injuries even in the most mundane of places, whether you slip on wet floors while trying to navigate a store aisle or fall from faulty stairs. Sometimes you will not realize that you have suffered serious injuries immediately. In many cases, you might not be aware of the extent of the damage.
Is it serious?
How can you tell if you require medical attention after a fall? What should you do? When is it best to treat it as a serious injury and when can you just move on?
The majority of falls are not serious. However you should report the incident to the hospital when it occurred. This will allow you to keep a record. Even if you believe you didn’t sustain serious injuries after the accident you might later find out that you suffered more severe injuries.
These signs are indicative of possible injury and you should immediately seek medical attention:
5 Most common signs
- There is constant pain – Unexpectedly hitting the ground can cause pain. Sometimes the pain is minor or may be mild. You should seek medical attention if the pain doesn’t resolve quickly or the adrenaline wears off. Broken bones, a strain or sprain, or a muscle injury could be the cause.
- A sudden, sharp pain is felt – Sometimes, severe injuries such as broken bones or fractures can cause sudden, sharp pain. Its most likely to feel pain when you move or press a limb. You should seek immediate medical attention if you feel any severe pain. Broken bones can also cause other symptoms such as a bent limb or bone pressing against the skin. Broken bones may not always show visible signs, especially if the bone has been fractured. Broken bones, such as hips, may not be obvious outwardly, but can still cause significant pain.
- There is obvious swelling – Injuries often cause swelling, so you need to be aware of any signs of disfigurement or swelling. Sometimes swelling can indicate a fractured bone. Sometimes, swelling could be a sign of a broken bone. Although you might not feel any swelling the first time you get up from the ground after a fall you may notice it gradually increasing throughout the day.
- There are signs of a head trauma – You should seek immediate medical attention if you fall and hit your head. Some signs of a serious head injury can be obvious immediately. However, signs of a minor brain injury may take longer to manifest.
- Vision changes can often be caused by head injuries – Some people experience blurred vision while others may have tunnel vision. Even if the symptoms appear to be improving, it is a sign that you need medical attention immediately if you notice any visual changes following a fall. If you sustain severe injuries, a medical professional will be able to tell you.
- Head injuries can cause visual changes as well as disrupting your hearing – Your hearing may become slightly worse or ringing in your ears. You should seek medical attention if you notice any changes in your hearing or vision.
- Head injuries don’t always cause headaches – Your brain does not contain pain receptors so you might not feel the pain. Head trauma, such as an ongoing headache, can cause headaches. Brain swelling can also cause pressure in the head.
- You may experience dizziness and vertigo after a fall to the head – This could be a sign that you have suffered a serious head injury. You should seek immediate medical attention if you experience persistent dizziness or vertigo.
- You may feel disoriented, confused or forgetful after a fall – This could be a sign that you have suffered from head trauma. Talk to your doctor about any cognitive symptoms and get a complete medical evaluation.
Less common signs you should seek medical attention
1. New back pain – A staggering 8 percent of adults have chronic back pain. However, your doctor may need to examine your injuries.
2. Any severe lacerations are possible – You may be exposed to sharp objects, depending on the circumstances of your fall and the location of the accident. This could cause lacerations. To stop blood flow, serious lacerations might require medical attention immediately. To reduce the chance of infection, have serious lacerations evaluated by a doctor. You may need to have a tetanus shot, or another treatment in some cases.
3. After an accident, you may feel stomach pains – Stomach pain can feel unrelated to a fall, especially when you land on another part. However stomach pain can indicate serious internal bleeding or damage.
4. An accident caused extensive bruising –
Sometimes you might think you did not sustain serious injuries from a fall but later discover that you have significant bruising. Sometimes, bruising is a sign of severe trauma.
Bruising can also be a sign of more serious injuries such as sprains, strains, or internal bleeding. Although mild bruising may go unnoticed at first, more severe bruising should be evaluated by a doctor to rule out more serious conditions.
5. There are restrictions on movement – You may feel a little stiffness after a fall. If soreness affects your ability to move, consult a doctor. Stretching and moving around should quickly resolve stiffness. You should see a doctor if you are unable to get rid of the stiffness. If you feel stiff after an accident, this could be a sign of a more serious injury. A doctor should investigate it further.
6. You don’t feel “right” – When it comes to your medical care, such as caring for injuries from a fall, medical professionals are there to give you peace of mind. You should seek medical attention immediately if you feel uneasy or traumatized after a fall. An evaluation by a medical professional can give you peace of mind, identify injuries you may have missed, and help you feel more confident about the future.
Medical evaluations are often used in court to prove the extend of the injuries that you sustained. This is one of the reasons that it is always the right idea to seek medical advice when you sustain any injury.
Other Common Injuries Include
- Medical Malpractice
- Product liability
- Wrongful death
- Assault
Is It time to Hire A Lawyer?
Common Law says that “he who represents himself is a fool as client.” This means that an expert and knowledgeable attorney should always handle a sensitive injury case where they have the experience. They should be familiar with the legal system and how it applies to the particular facts of the case.
Insurance adjusters profit from clients who are not represented:
Insurance adjusters are responsible for reducing your rights to compensation for injuries or property damage. Non-lawyers do not have the power to negotiate with savvy insurance companies that are determined to reduce their liability. Insurance companies will find every reason to not pay the policy money. Insurance companies know that legal jargon can intimidate individuals and make it difficult for them to understand the law.
Which questions you should ask before hiring a attorney?
Be sure to gather all information about your accident before scheduling consultations. There are some questions that you need to ask in order for you to find the best personal injury attorney. Here are some examples questions to ask your lawyer
- What was your last experience with a case involving an accident like mine?
- What is the typical outcome of a case such as mine?
- What is the duration of the litigation process?
- Do you have the time to personally deal with my case?
- How much will this cost?
- How can I reach you the most effectively?
After you have met with the candidates, done your research,
How can you choose which lawyer to hire?
You should look for:
- Experience, experience, experience.
- Previous successes in this type of case.
- You feel at ease with someone. Are you able to understand her explanations? Are you satisfied with the answers?
- Someone who cares. Did you feel like a prospect when you first met the lawyer? Or did they care about you and your case? Contrary to popular jokes about lawyers, not all lawyers are just mercenaries looking to make a buck.
