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Common Personal Injury FAQs: Compensable Injuries

Common Personal Injury FAQs: Compensable Injuries

There are a number of questions that arise with regards to how compensable an injury is.

Q.: I have been having shoulder pain non-stop after a car accident. Is this compensable?

The short answer to this question is yes. In fact, any valid claim that can be connected to your car accident is compensable from the at fault driver through a settlement or lawsuit. However, note that the insurance company will not just hand you a check because you tell them that your shoulder is acting up. Rather, you need to do everything to properly document your injuries and prove your case. To prove your injuries you need to seek proper medical attention as soon as you can after the accident. Follow the doctor’s instructions on managing your pain, keeping all follow-up appointments and getting copies of your medical records and bills. All this provides a complete picture to present to the claims adjuster about the nature and extent of your injuries

Q.: What is the fastest way to get a cash settlement for whiplash?

Firstly, it is important to understand that whiplash is made up by soft tissue injuries to the neck. Such soft tissue injuries are very common after car accident and are as compensable as any other injury. However, the term whiplash has fallen out of favor with both legal and medical communities. This is because whiplash-related injuries often diagnose a neck sprain or strain. While the injuries can be painful and long-lasting they can be treated effectively with physical therapy and chiropractic care. One article stated that “if you are legitimately injured after a car accident your priority should not be getting the fastest settlement and you should certainly not be expecting a cash payment.” For any injury claim the plaintiff must have reached the maximum medical improvement and then consider compensation. The last thing you need is to accept that fast settlement only to find you are unwell in future.

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