Is MY Injury Serious Enough to Consider a Claim?

You do not need to decide that your injury is “serious enough” before asking an attorney about your options. A useful starting point is to understand how the injury has affected you and whether someone else may be legally responsible.

Perhaps you did not need surgery. Perhaps you went home from the emergency department the same day. Or perhaps you keep thinking that other people have been hurt far worse.

None of those observations do not answer the question – is your injury serious enough. Your circumstances deserve a look on their own terms.

Look at what has changed

The word “serious” means different things to different people. Start with specific questions:

• Are you still experiencing pain or other symptoms?

• Have you needed treatment or follow-up appointments?

• Have you missed work, lost income, or changed what you do at work because of your injuries?

• Are ordinary activities harder, slower, or impossible?

• Have you needed help with your children, home, or transportation?

• Have you incurred expenses because of the injury?

These questions help describe the consequences. Depending on the circumstances, compensation may include medical expenses, lost wages, and pain and suffering. No particular answer, by itself, establishes that you have a valid claim.

Describe your experience accurately

Suppose you injure your wrist in a fall. You can still work, so you describe yourself as “fine.” But you have stopped doing certain tasks, need help preparing meals, wake up when you roll onto that arm and can no longer do some of the things that brought you joy before the injury.

“Fine” leaves quite a bit out.

A more useful description would explain what you can do, what you cannot do, and what you can do only with discomfort or assistance. Include how often the problem occurs and whether it is improving.

 The same principle applies when you recover quickly. Say so. A complete account includes improvements as well as continuing difficulties.

You do not need to make your injury sound worse - describe it clearly and honestly.

The injury is only part of the question

 An attorney evaluating a potential claim will also consider how the incident happened, who may be responsible, and what evidence supports that account. Having an injury alone does not establish another person’s legal responsibility.

 There are practical questions, too. What would pursuing the claim involve? What fees and expenses would apply? Does the likely benefit justify the time and effort?

 You can ask those questions even if you are uncertain whether you want to proceed.

 “Serious injury” can also have a legal meaning

 For some Pennsylvania motor vehicle claims, “serious injury” is a legal threshold that affects recovery for pain and suffering under limited tort rules. Those rules include exceptions and treat financial losses differently.

That is a reason to get an explanation of the rules that apply to you. It is not a judgment you should feel expected to make from an injury’s name or a photograph.

 Begin with information

Make a short record of your symptoms, treatment, expenses, and changes to daily life. Bring what you have to an initial attorney conversation. Explain what remains uncertain, and ask promptly about applicable deadlines rather than waiting for a complete picture of your recovery.

 Paul’s Guide is designed to help you organize that information into a Claim Summary, explore attorneys based on what matters to you, and compare proposals from attorneys you select. The purpose is to make those steps easier to understand and carry out, while keeping the decisions yours. 

You may learn that pursuing a claim makes sense. You may learn that it does not.

You do not have to know the answer before asking the question.

General information—not legal advice. Paul’s Guide is not a law firm. This article provides general educational information and may not address every fact, exception, jurisdiction, or change in the law. Legal rights and deadlines vary based on the circumstances and applicable law. Reading this article, by itself, does not create an attorney-client relationship with Paul’s Guide or Paul Zimmerman. For advice about a specific claim, promptly consult a lawyer licensed in the appropriate jurisdiction.