There are a number of questions asked with regards to personal injury matters and in relation to compensation. Most questions are associated with how compensable an injury is. This article will discuss two questions with regards to specific injuries and how compensable they are when it comes to making personal injury claims or lawsuits.
One lawyer stated that, “when it comes to the question of how compensable an injury is most potential plaintiffs are asking about an injury they have sustained and whether or not it is worth going through a personal injury claim or lawsuit to gain compensation.”
One such question is: “Is memory loss a compensable injury after an accident?” In response to this question most experts say that if an individual has been involved in an accident and is now experiencing memory loss one of the first things they need to do is ensure that they get proper medical attention. The worrying about an injury related insurance claim or personal injury lawsuit comes later on. One article points out that “memory loss is not an isolated injury in and of itself but is typically a symptom of a serious head or brain injury after an accident. As such the first step is to schedule an appointment with your primary doctor or visit an emergency room or urgent care centre. There the injured individual must tell their care provider exactly what they are experiencing in terms of symptoms and problems. It is likely that the care provider will run a number of tests including an x-ray, CT scan and MRI.”
While the reason of getting proper medical attention is in order to safeguard your health and well-being, it is also necessary if the injured person is going to demand compensation for their injuries. By getting medical attention the injured person has proof of their injuries as well as the extent and severity of the injuries suffered. Like any other personal injury claim, memory loss requires that it be documented through visits to a healthcare professional, treatment records and medical bills. In the personal injury claim the injured person would include memory loss as a component of their compensable damages when they send a demand letter to the insurance adjuster or attorney of the defendant. In some cases memory loss could factor in both as quantifiable ‘special’ damages and more subjective ‘general’ damages. Quantifiable special damages are those that require medical treatment and subjective general damages results in a diminished quality of life and other factors.
Another frequently asked question is: “Is a soft tissue injury worth a personal injury claim?” One article pointed out that “it is usually worth it to file a claim for any legitimate injury that results from an accident, if there is need to seek medical treatment and the injury has had a negative effect on your life and this includes soft tissue injuries”. While there are general challenges that come with making personal injury claims such as trying to prove the existence of a soft tissue injury, it is necessary to get proper medical treatment. It is said that ‘the key is getting prompt and adequate medical care in order for the soft tissue injury to be assessed and to start on a course of treatment’. In addition, it is important to keep in mind that any medical care received will become a compensable part of your personal injury claim.
For legal advice and representation for aircraft related injuries, contact an Alaska aircraft accidents attorney.
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