Car accidents can cause a wide range of injuries. But what’s the difference between a “normal” injury and a serious injury? And how can this difference affect your Alabama personal injury claim?
This article explains the factors that separate serious accident injuries from typical injuries. Read on to learn more and discover how a Birmingham car accident attorney can help.
What Makes an Injury a “Serious Injury”?
In Alabama, there is no one official definition of “serious injury.” However, over time, courts, regulators, and insurance companies have developed a list of factors that should be considered to determine an accident’s severity.
The Nature of the Injury
Any accident injury can cause pain and inconvenience. But some injuries are more detrimental than others because of which body part is injured or how severely that body part is injured. Of course, injuries to vital organs like the brain and heart are more serious than injuries to less crucial systems. By the same token, the degree of injury matters. A paper cut hurts, but no one would compare a paper cut to a severed finger.
Hospitals use something called the Abbreviated Injury Scale or AIS to help label injuries. The Scale runs from 0-6.
- A “0” means no injury.
- A “1” covers superficial cuts, bruises, mild sprains, or first-degree burns.
- A “2” includes simple fractures, mild concussions, and some internal contusions.
- A “3” comprises complex fractures, significant blood loss, closed skull fractures, and major organ injuries that are non-life-threatening.
- A “4” includes life-threatening injuries (e.g., internal bleeding, open skull fracture, lung laceration).
- A “5” describes injuries where survival is uncertain such as certain spinal cord injuries, ruptured organs, and severe brain damage.
- A “6” is saved for injuries that are nearly always unsurvivable, such as severe damage to the brain stem or major arteries.
On the AIS, a score of “3” is serious while a “4” is severe. This should provide some insight into how injuries are viewed.
The Duration and Intensity of Medical Treatment
Generally, injuries that require extensive and extended medical treatment are viewed as serious. For example, a broken leg that requires a person to stay overnight in a hospital is a serious injury, but an abdominal injury that requires a weeks-long hospital stay would be seen as the more severe of the two injuries. Similarly, surgery and other internal procedures are seen as more dangerous than non-invasive treatments like crutches, braces, or boots.
Whether the Injury Is Permanent or Disfiguring
An injury that causes permanent damage will be seen as more serious than an injury that causes temporary pain. Permanent injuries often entitle the injured person to damages for pain and suffering, future medical expenses, and reduced quality of life.
In fact, injuries that leave lasting or irreversible damage can be classified as serious even if they don’t involve lengthy hospital stays or extensive treatment. For example, if a car accident burns a person’s face and leaves a permanent scar, even over a small area, the law will view this as serious. Most people need to show their faces to the world on a daily basis so any permanent change to the face, even a relatively small one, will be taken seriously.
The Injury’s Impact on Daily Life and Work
Even if an injury isn’t medically catastrophic, its effects on a person’s day-to-day functioning can make it legally “serious.” Alabama courts often consider whether the person
- can return to work,
- can perform everyday tasks such as walking, cooking, driving, or cleaning,
- has limited their hobbies, social life, or family time, and
- requires help with personal care tasks such as bathing and dressing.
These factors are especially important in cases where a person appears “fine” on paper but has lost meaningful parts of their independence or joy in life.
Can an Insurance Company Deny My Serious Injury Claim?
They will certainly try. Insurance companies lose money when they pay out claims, so they work hard to avoid doing so. Because serious injuries can result in large payouts, they will fight even harder to avoid payment in these cases. Solid documentation will help you and your Birmingham accident attorney fight back against these claims, so carefully document every visit, test, prescription, and symptom.
Proving The Severity of Your Alabama Accident Injury
After you file your personal injury claim, you’ll need to prove that the other driver was negligent. If you do, you’ll be entitled to damages. Damages are money that injured people receive to compensate them for their financial, physical, and other losses.
Injury severity is a crucial part of determining damages. The stronger the evidence of your injuries, the better the chance of getting damages that are sufficient to cover your injuries. Evidence that could be helpful in this regard includes:
- Hospital records (including emergency room and surgery reports),
- Diagnostic imaging (MRI and CT scans),
- Therapy and rehabilitation logs,
- Photos of visible injuries, and
- Disability evaluations.
An experienced Birmingham personal injury lawyer can help you gather and present this evidence.
Get an Alabama Personal Injury Lawyer to Help You with Your Serious Accident Injury
A serious injury after a car accident can change every part of your life. Whether it’s a traumatic brain injury, spinal damage, or chronic pain, you deserve full and fair compensation.
However, a skilled Alabama car accident attorney can:
- Investigate your accident,
- Work with medical experts, and
- Negotiate with insurance companies on your behalf.
If you need legal help after a serious car accident injury, contact Collins Law, LLC. The Collins Law team has years of experience helping Alabamians across the state with serious and severe car accident injuries. We will guide you through every step of the personal injury process with kindness and care – It’s the Collins Law way. To learn more about what Collins Law can do for you, call 205-588-1411 or use our website’s online scheduling tool to schedule a free consultation.
