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How to Value the Extent and Nature of Your Injuries in a Personal Injury Case

The type and extent of the injury that a person suffers in an accident is the main factor that affects an injury settlement. The money that a person has spent assessing and having their injuries treated are referred to as “medical special damages” or “specials.” These damages are a key indicator assessing the value of the extent and nature of your injuries in a personal injury case.

Types of Injuries and their Valuations

Putting a value on pain and suffering is the most difficult part of figuring out compensation for a person who has been injured in an accident. This is the main part of what the damages formula tried to do. Common reasoning therefore says that the more painful the injury, the higher the number that becomes added to the formula. Insurance companies look at pain and suffering by connecting different types of injuries with levels of pain. This may not be a very scientific approach. For instance, a sprained back can be more painful than a broken bone, at times. Despite that, insurance adjusters use the type of injury as a starting point to decide the numbers that need to go into the formula.

Soft Tissue and Hard Injuries

Insurance adjusters usually divide injuries into two main categories:

  • Soft tissue injury, the major evidence of which is the description of discomfort that the patient claims
  • Hard injury, which is an injury that can be detected specifically through a medical examination.

Soft Tissue Injuries

Injuries such as a strained or sprained neck, back, ankle or knee are referred to as soft tissue injuries. This is because they only pertain to muscles and other soft connective tissue. These injuries are regarded as less serious than hard injuries by insurance companies and usually assign to them a low damages formula. This is because, according to insurers, regardless of how painful they may be, soft tissue injuries are not dangerous or permanent. They know that if a personal injury claim ever went to court, clearly proving what the soft tissue injuries were, would be extremely difficult for an injured person.

Hard Injuries

Hard injuries are considered more serious in nature as compared to soft tissue injuries. Therefore, they are awarded higher monetary damages. The value of a personal injury claim for damages goes up if a person can identify anything in their medical records that has been observed by tests such as X-rays or a doctor, as something other than a sprain or strain. The value of a personal injury case would increase regardless of all other considerations, if an injury required any intrusive examination by a doctor, or a physical repair. This could refer to setting a bone, stitching a wound, or an arthroscopic examination of a joint. There are different categories of hard injuries. These are:

  • Broken bones
  • Wounds
  • Head injuries
  • Dislocations, separations, and cartilage or ligament tears
  • Vertebrae or spinal disk injury
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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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