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The various dimensions of injury and damages in personal injury cases

The various dimensions of injury and damages in personal injury cases

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The most interesting aspect of personal injury cases is that it is not enough to establish the case on a firm footing for the most deserving compensation. It requires proving that the injuries are real and serious enough that they deserve the best compensation. Even for the most trusted injury attorney from Tampa, it is not easy, especially if the amount is high. The person who has to pay or their insurance company wants to ensure that the claim for injuries and damages is real and as severe as stated in the claim. There is a tussle between the plaintiff and the defendant as the former wants to stick to the guns to obtain maximum compensation while the latter tries to dilute the seriousness to reduce the claim and pay less.

What constitutes injury and damage?

Besides the physical injuries inflicted on the victim of road accidents, many other injuries and damages affect the victim. Although damages usually include the most visible sufferings of the victim and the expenses for undergoing medical treatment, and the cost of setting right or replacing damaged properties, lawyers consider many other types of damages for calculating the amount of compensation. Many invisible damages that increase the suffering of the victims are included in the compensation. For example, the tremendous mental agony that the victim undergoes while trying to bear the pain and suffering during the medical treatment deeply damages the mental health. The loss of earnings for the period when the victim undergoes treatment until full recovery is also a component of the claim. It can also include loss of future wages if the victim recovers partially and loses the capability of earning. 

Need for independent medical examination

Brain injury cases are complicated and take an extremely long time for treatment, but establishing the damages can be pretty challenging. When injuries are severe, and the claim is for high monetary payment, it takes a longer time for settlement and involves many other parties that make the case quite complex. In such cases, besides considering the doctors’ medical reports undertaking the treatment, the defendant might ask for an independent medical examination to ensure that the claim for the severity and seriousness of the injury is real.  

The move aims at removing any bias of the doctor who treats the patient as there might be chances of the plaintiff trying to influence the doctor to exaggerate things that suit the high claim. The independent medical examiner examines the victim to rule out any foul play.

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Mitigating damages

Despite proving the defendant’s negligence for causing injuries and damages, and the plaintiff having enough ground to claim for extensive compensation, the law has a requirement to mitigate damages. The plaintiff must take steps to reduce the loss and effects of the injuries as much as possible. 

If the plaintiff does not attempt to mitigate the damages by acting reasonably in that situation, then the defendant can use it as a plea for reducing the claim amount.  

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