After an accident, it is common to downplay the severity of your injuries, especially if they appear minor at first glance. In fact, many individuals may initially proclaim that they are fine, to realize later how sore they are. This is due to a variety of reasons. First, you likely will receive a jolt of adrenaline after an accident. Adrenaline is known to mask pain as part of your fight-or-flight response. Thus, when you get out of your vehicle to inspect the damage, and the first question out of the other driver is to ask how you are doing, you may say, “I am fine.” This may be an effort to defuse the situation, as tempers can run hot after an accident, especially when the other driver knows they are at fault.
You may say this because, while you are in pain, you understand that your injuries could have been far worse and that you are ultimately lucky to have escaped an accident with only minor injuries. Before moving forward, it is critical to remember not to make these proclamations at the accident scene. While you may believe such a statement is hearsay and thus inadmissible, this is untrue. Actually, it falls under one of the 23 exceptions to hearsay and is admissible at trial. Accordingly, while you may be in pain, it will be less believable to a jury. Nonetheless, it may still be worth filing a personal injury claim against an adverse driver, depending on several factors. While we review those factors below in detail, it is always best to consult a personal injury lawyer to understand your options.
Understanding What Constitutes a ‘Minor Injury’
Generally, we know what a minor injury is because we understand it is not major. A major injury has long-lasting effects that can devastate your life. A moderate injury can sideline you for several months, but you will ultimately make a full recovery. But a minor injury? This includes soft tissue injuries like bruises, sprains, strains, or small cuts and abrasions. While these injuries may not seem significant, they can still cause pain, discomfort and require medical attention. While this type of injury typically means pain that lasts two to three months, that is not always the case. Particularly if you are an older adult such that your recovery is slower, you may be in pain indefinitely despite a relatively minor injury. This is one reason why taking every accident and injury seriously is critical.
Moreover, the fact that an injury is relatively minor does not mean it is insignificant. Further, it does not mean that it has no monetary value. The purpose of the civil tort system is to compensate an injury victim for pain, suffering, medical expenses, lost wages, and any other economic or non-economic damage one suffers. Naturally, the damages sustained due to a minor injury will be less than a car accident that leaves the victim in the emergency room for days. However, that does not mean it is worth pursuing. Below, we discuss when filing suit might be necessary. We will also explore when it is better not to pursue your claim. Distinguishing between these two instances can be tricky and requires an experienced attorney’s guidance.
Potential Long-Term Effects of Minor Injuries
While the very characterization of a minor injury dictates that there should not be long-term effects, that does not always hold true. Unfortunately, a minor whiplash injury from a car accident can cause chronic neck pain or headaches over time. Or, a small sprain in your ankle after a slip and fall accident in a restaurant can lead to repetitive strains indefinitely. Unfortunately, in these instances, the longer-term effects of this type of injury do not reveal themselves until later. That can make valuing a minor injury more difficult. One way to do this may be to hire an expert witness who understands the risk of a longer-term injury from an initially minor accident.
However, this relies on a degree of speculation and is not concrete. Moreover, an expert witness can be expensive. Thus, hiring one is risky, and you may not recover more compensation for the higher expense. Evaluating this risk and determining whether it is one you want to take or if you would instead settle without paying any court fees is a conversation to have with your personal injury attorney. Every case is different. So, there is no one-size-fits-all advice we can leave here that is guaranteed to help you with your case.
Our attorneys offer free consultations to all prospective clients. Call our office today for a free case evaluation and to better know how to value long-term effects on minor injuries.
When Filing a Lawsuit Might Be Necessary
The general rule is that filing a lawsuit for minor injuries is less worthwhile than it is for major injuries. Why is this? Lawsuits can be expensive. There are several costs to consider. First is the cost of filing a lawsuit; this is the filing fee. The amount for the filing fee depends on what jurisdiction and which court within that jurisdiction you decide to file your lawsuit in. If you understand that your case is not worth more than a given amount, you may file in a smaller claims court, still obtain full compensation for your injury, and pay a smaller filing fee.
Additionally, there is a higher legal fee for filing a lawsuit for almost all personal injury lawyer fee structures. Typically, the fee increases from one-third of the recovery to 40%. There are also expert witness fees, deposition costs, investigation fees, medical record fees, court reporter costs, and travel expenses for the expert witness.
Some costs are necessary when you file a lawsuit, while others are not. Spending less on these fees may make sense for cases involving more minor injuries. However, this may reduce your chance of success at trial. An apt example of this is for expert witnesses. There are near limitless kinds of expert witnesses. For example, an accident reconstruction expert may help convince a jury that your version of events is the only possible version. However, it still does not guarantee a positive outcome. On top of the jury potentially having someone prejudiced against plaintiffs, the expert witness may have a bad day, a juror may be bored and not pay attention, or any other reasons. Thus, while investing more into your case increases your odds of success, it remains a risk unless you can settle before trial.
Common Misconceptions About Minor Injury Claims
Perhaps the biggest misconception about minor injury claims is that it is not worth pursuing. No matter what, it is always worth at least consulting a personal injury attorney to understand your options. At worst, you speak to a skilled attorney to better understand your situation, and if you call Gelb & Gelb, you do not pay a dime for that consultation. Relatedly, there is a misconception that a minor injury will not result in significant compensation. That is not always the case. Generally, the value of your case is proportionate to your injuries. However, it is all relative. You may still recover significant compensation for minor injuries if you have a good attorney advocating on your behalf.
Another misconception to discuss is that insurance companies always fight fairly. The reality is that they are in business to make money. They market themselves as being on your side, a good neighbor, etc. However, their interests are their priority. There are some instances where your interests align with theirs. However, that is only sometimes the case. Get someone on your side who will fight for you.
Factors to Consider Before Filing a Lawsuit
We have already discussed some of the costs of filing a lawsuit for personal injuries. The costs can be prohibitive in some cases. In others, they are a drop in the bucket compared to the damages you have suffered and should be acknowledged yet dismissed as a reason not to move forward. However, expenses are not the only factors to consider before filing a lawsuit. You should also consider the evidence you have. If you are positive that you have a great case against a grocery store for your slip-and-fall, consider whether you can prove it. For instance, do you have sufficient evidence to convince a jury that the facts you allege are true? Do you have all your medical records in order? Do you yet know the full extent of your monetary damages?
Lastly, consider whether it is worth your time. In some jurisdictions, you can get into court within a year. In other jurisdictions, it can be longer. It is reasonable to wonder if such a minor injury is worth your time. This is a more personal question that only you can answer. However, it is critical to arm yourself with the knowledge and understanding of the trial process and what that timeline looks like based on the facts of your case.
How Insurance Companies Treat Minor Injuries
Insurance companies may be willing to treat a case involving minor injuries the same as any other case. However, if your injuries are truly insignificant and there are other mitigating factors, they may deny the claim altogether and dare you to file a lawsuit. They understand that filing suit can be expensive, time-consuming, and difficult to get an attorney on board if the case lacks value. Meanwhile, if you lack sufficient evidence and low-value injuries, that may be enough for them to ignore you. Or, if you do not have a lawyer representing you, that also presents an opportunity for them to dare you to file a lawsuit. They know you are unlikely to do this without an attorney and may also believe you do not want to pay the legal fee. Thus, they often believe they can box you into a corner and abandon your claim altogether. Remember, their goal is to pay as few claimants as possible, even if your claim has merit.
Additionally, an insurance company is generally quick to lowball you if you make a claim for minor injuries. They will downplay your pain, comparing it to more serious accidents and drawing a contrast. However, none of that takes away from the fact that you are injured and are in pain.
Further, insurance companies prefer to drag out the process. Of course, they are not in a rush to make payments. Accordingly, they may request additional information that may seem irrelevant to your claim. In most cases, they are looking for ways to void your policy if you are making a claim under your policy. For example, they may ask you for proof of residency. If you cannot provide sufficient evidence, they may void your policy. Or, if you fail to cooperate, they can also void your policy as there frequently is a clause in insurance contracts requiring the insured to cooperate with an insurer in any investigation.
Contact Gelb & Gelb, P.C. Today
The attorneys at Gelb & Gelb stand ready to assist you, whether in Maryland or Washington, D.C. Even if you suffer minor injuries, our legal team can help guide you through the legal claims process and seek to recover as much financial compensation as possible.
Call our office today for a free case consultation or evaluation at (202) 331-7227.