I do not know the value of an auto injury claim unless I have all of the information I can possibly obtain to evaluate the claim. This would include the facts of the collision, my client's medical history, the medical records, and in some cases, medical opinions about whether the injury will result in some permanent impairment. However, there are some factors we consider in evaluating a case's value.
Although a person can suffer serious injury in a "lower impact" collision, the force of the collision is a factor in evaluating the claim. The higher the force, the more potential for injury, and the stronger the connection between the collision and the resulting injury.
In most medical records, a patient is going to describe their symptoms, and then a doctor or other health care professional will perform an examination. Findings on an examination or called "objective findings," which means that the health care provider can observe the injury without patient feedback. MRI studies, x-rays, or other tests are also considered "objective." Insurance companies like this kind of evidence because it is comparable to other cases. However, there are injuries that can be serious, but lacked strong objective findings.
Prognosis or Permanency
When somebody is injured in an auto collision in Oregon, they have a claim for "non-economic" damages. Essentially, this is compensation for the loss of your health, which includes pain, suffering, and interference with activities. If a health care provider believes your injuries will cause some permanent loss of health, then you may be entitled to compensation for not only the loss of your health from the date of the collision up until the resolution of your claim, but for the future. If you prove a claim for permanent injury in court, a jury is allowed to consider the average lifespan of a person of the same gender and race in evaluating have compensate you for your lost health.
These are just a few factors we consider in evaluating cases for our clients. Again, every case is different, and there is much to think about.