Law
What Counts as ‘Serious Injury’ After an Irvine Car Crash?
After a car accident, insurance companies often use words such as minor, moderate, or serious when evaluating injuries. These labels can be confusing because the seriousness of an injury is not always obvious immediately after the crash. A car accident lawyer Irvine drivers contact after a collision can review the medical evidence, treatment, physical limitations, and future effects of the injury before evaluating the claim.
For an ordinary California personal injury claim, an injured person does not need to prove that the injury fits one special legal definition of “serious.” The important issues include whether another party caused the harm and what losses resulted from the accident. California Courts identifies medical bills, lost wages, ongoing treatment, emotional harm, and future problems from an injury as examples of damages that may be considered in a personal injury case.
A Serious Injury Is Not Defined by the Emergency Room Bill Alone
The cost of the first medical visit does not determine whether an injury is serious.
Some people are treated in an emergency room and released the same day but later require additional care. Others may initially believe they have a relatively minor injury before further testing identifies a more significant problem.
The complete medical history after the accident may include:
- Emergency treatment
• Diagnostic imaging
• Specialist evaluations
• Physical therapy
• Pain management
• Injections
• Surgery
• Future medical care
An attorney should review the complete course of treatment rather than focusing only on what happened during the first 24 hours.
Fractures and Injuries Requiring Surgery Are Often Significant
Broken bones can have very different effects depending on the location and severity of the fracture.
Some fractures heal with limited treatment. Others may require surgery, hardware, physical therapy, and months of recovery.
A claim involving surgery may need to address:
- Hospital expenses
• Surgical costs
• Rehabilitation
• Time away from work
• Physical restrictions
• Future procedures
• Permanent limitations
The fact that a person eventually returns to work does not necessarily mean the injury was minor.
The attorney should evaluate what the injured person experienced during the recovery period and whether any effects remain.
Brain Injuries Can Exist Without an Obvious External Wound
A head injury should not be judged only by whether there was visible bleeding or a skull fracture.
After a crash, an injured person may report problems involving headaches, concentration, memory, sleep, dizziness, or other symptoms.
The medical evidence may become especially important when the person looks physically normal but continues experiencing problems that affect work and daily activities.
Depending on the circumstances, the claim may involve records from:
- Emergency physicians
• Neurologists
• Imaging centers
• Neuropsychologists
• Other treating providers
The attorney should rely on the medical evidence rather than an insurance company’s assumption that an injury cannot be serious because it is not visible.
Spinal Injuries Can Have Long Term Effects
Neck and back injuries are common subjects of dispute in car accident claims.
Insurance companies may argue that the symptoms are temporary, related to age, or caused by a condition that existed before the collision.
The seriousness of a spinal injury may depend on factors such as:
- Diagnostic findings
• The duration of symptoms
• Physical limitations
• Specialist recommendations
• Whether procedures are required
• Whether surgery is recommended
• The effect on work and daily life
A prior back or neck condition does not automatically mean a new crash caused no harm.
The attorney may compare medical records before and after the collision to determine whether the accident caused a new injury or worsened an existing condition.
Permanent Limitations Can Make an Injury More Serious
An injury does not need to be life threatening to have a major effect on someone’s life.
A person may be able to walk, drive, and work while still experiencing significant limitations.
For example, the accident may affect the ability to:
- Lift heavy objects
• Stand for long periods
• Exercise
• Perform physical work
• Sleep normally
• Care for family members
• Participate in previous activities
The duration of these limitations can be important.
An injury that continues affecting a person months after the crash may require a different evaluation than one that resolves completely within a short period.
Lost Income Can Show the Real Effect of the Injury
The seriousness of an injury is not determined only by the diagnosis.
The same physical injury may affect two people very differently depending on their jobs and daily responsibilities.
A person who performs physical labor may be unable to work for an extended period. Another person may return to work but need reduced hours or modified duties.
California Courts identifies lost wages and future problems from an injury among the losses that may be relevant in a personal injury case.
Documentation may include:
- Pay records
• Employer statements
• Disability notes
• Tax records
• Evidence of missed work
Serious injuries may also affect future earning ability when the person cannot return to the same type of work.
Medical Bills Do Not Tell the Entire Story
Two people with similar medical expenses may experience very different effects from their injuries.
One may recover completely. The other may continue experiencing pain, physical limitations, emotional harm, or the need for future care.
That is why a personal injury claim should not be evaluated by simply adding the medical bills and applying an automatic formula.
California Courts recognizes that some losses, such as medical bills, may be easier to document, while emotional harm and other effects can be more difficult to measure.
The full claim may need to consider both financial losses and the personal effect of the injury.
Insurance Companies May Call an Injury Minor
The insurance company’s description of an injury does not decide the case.
An insurer may argue that an injury is minor because:
- The vehicle damage appears limited
• The injured person was not taken away by ambulance
• Medical treatment did not begin immediately
• No surgery has occurred
• The person returned to work
• The injury is not visible
An attorney can compare these arguments with the actual medical records, diagnostic findings, treatment, and limitations.
The goal should be to evaluate the evidence, not simply accept the label chosen by the insurance adjuster.
Do Not Wait for an Injury to Become Worse Before Acting
A person who believes an injury may be serious should not ignore legal deadlines while waiting to see how the condition develops.
California Courts states that the usual deadline to sue for personal injury is two years from the injury, although shorter and different procedures can apply in claims involving government agencies.
Evidence can also become harder to obtain over time.
Video may disappear, witnesses may become difficult to locate, and vehicles may be repaired or destroyed.
Early investigation can help preserve information about both how the crash happened and how the injuries developed afterward.
Contact a Car Accident Lawyer Irvine Drivers Can Call After a Serious Injury
A car accident lawyer Irvine drivers can contact after a serious crash should examine more than the name of the diagnosis. The attorney should review the medical treatment, future care, physical limitations, lost income, and complete effect of the injury before evaluating the claim.
Bojat Law Group represents people injured in serious car accidents throughout Irvine, Orange County, and Southern California. The firm handles rear end collisions, intersection crashes, multi car accidents, truck accidents, motorcycle crashes, Uber and Lyft accidents, pedestrian accidents, catastrophic injuries, traumatic brain injuries, and wrongful death cases.
Bojat Law Group has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.
Call Bojat Law Group at (818) 877-4878 to discuss your Irvine car accident case. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.