Types of injury
Soft tissue (Mild injury)
The major evidence of these Types of injuries is the description of the discomfort
the patient experienced. This is learned from the doctor's Medical Report.
For example, a sprained neck, ankle or back is a Soft Tissue injury. What are
involved are muscles and other connective tissue. These types of aches and
pains make up the vast majority of motor vehicle accident injuries. They're the
kind of discomforts you'll have to live with for awhile. But you don't need outside
help to successfully settle your claim if you have these kinds of injuries.
Certainly not in a case where the liability is clearly the fault of the person who
struck you. What you do need is thorough and detailed documentation from
your attending physician.
Hard injury (More serious)
These are injuries that can be specifically observed through medical examination,
such as broken bones, ligament or cartilage damage, a spinal disk rupture
or vertebra dislocation.Motor vehicle bodily injury situations like these make
up a very small percentage of insurance claims. When one has to deal with these
types of medical problems it's best to obtain competent legal assistance.
Your claim of bodily injury has no credibility with the Insurance Adjuster unless it has been verified by the Medical Report of your attending physician
What is a tort?
A tort is a misdeed! It's a wrongful act for which relief may be obtained in the form of money. The subject of torts is the understanding of the rights of the individual and the relief available to them should these rights be violated. A tort has been defined as a civil wrong. A tort should be thought of as a claim for property damage or bodily injury arising out of, or sustained as a result of, an accident stemming from the negligence of another.
For example, the witness to your accident said, "That guy was at a dead stop. The other driver came along at a high rate of speed and hit him a tremendous whack in the rear end. I saw the guy's head snap forward and backward like a whipsaw. He smashed his face on the steering wheel, broke his nose. Blood all over the place. Man, what a mess!" That is the grounds for a solid tort!
Generally speaking every person who violates the personal or property rights of another is financially responsible for the damages caused by his or her act. To collect for this civil wrong there must be damages and/or injury; without these, there can be no recovery of money. Whenever you or your property has been wrongfully harmed or injured, by someone else's actions, you're said to have suffered a tort. The wrongdoer is usually identified as the tort-feasor.
Based on the doctrine of tort, it's held that under any given circumstance, each and every individual owes the other a legal duty, which exists by virtue of society's expectations regarding interpersonal conduct, rather than by contract or other private relationship. When someone commits a breach of this duty - that is, they fail to observe or respect another's entitlement to this duty - then that person has committed a civil tort against the wronged party.
|
