Personal Injury Claimants: Damages for More Than Just Medical Bills

ALL PERSONAL INJURY CLAIMANTS ARE ENTITLED TO GENERAL DAMAGES THAT INCLUDE DAMAGES FOR MORE THAN JUST MEDICAL BILLS, LOST WAGES, AND PRESCRIPTIONS

All personal injury claimants are entitled to general damages that include damages for more than just medical bills, lost wages, and prescriptions. Any of our clients can gather all of their medical bills, lost wages, and prescriptions. That is not why you need an attorney. The reason why you need an attorney is because attorneys can greatly assist a personal injury client in recovering all of their general damages that must be paid in addition to their medical bills, lost wages, and prescription bills. We focus on getting the documentation that we need from our doctors and clients that provides value for all of our client’s damage claims.

Under Ohio law, a personal injury client must be reasonably compensated for all of their damages. In deciding the number of damages, Ohio law requires that a jury consider all of the following general damages:

a) the nature and extent of the injury or injuries;

b) the effect on a client’s physical health;

c) the physical pain and mental suffering experienced by a client;

d) the client’s ability or inability to perform usual activities;

e) the reasonable cost of all necessary medical and hospital expenses.

Auto insurance companies in Ohio pay very little money for the nature and extent of a client’s injuries, the effect on a client’s physical health, the physical pain and mental suffering experienced by a client, and a client’s inability to perform usual activities. The reason why auto insurance companies pay very little for pain and suffering is that not enough details are provided by a client to their doctor, physical therapist, or specialist. You need to tell them about the anxiety and stress that this accident has caused. You need to provide your doctor with all of your anxiety, fears, and stress caused by the accident. Before we are involved in a client’s case, we see that a client’s medical records do not adequately document the nature and extent of their injuries, the effect that their accident had on their physical health, and fails to adequately document the anxiety and stress suffered by a client as a result of the accident and fails to thoroughly document a client’s inability to perform their usual activities.

We always emphasize to our clients the importance of providing their treating doctors with the details of their injuries, impairments, limitations, and restrictions. It is imperative that their doctors document these injuries, impairments, and limitations in detail because this is the documentation that is used by the auto insurance company to evaluate their personal injury claims. It is imperative that their doctor fully documents the full extent of their injuries, limitations, and restrictions, and our client’s inability to perform usual activities. We frequently discuss these issues with our treating doctors and request that they provide us with a thorough report on the following issues:

1. Their opinion is based on a reasonable degree of medical certainty as to whether the injuries for which they treated our client and our client’s physical condition are the direct and proximate result of the auto accident;
2. Whether our client suffered pain as a result of the injuries that the doctor has described;
3. Whether our client’s treatment since the motor vehicle collision was reasonable and necessary for their medical care and treatment;
4. An opinion to a reasonable degree of medical certainty as to the prognosis for our client;
5. An opinion to a reasonable degree of medical certainty as to whether any prior injuries or conditions were significantly aggravated as a direct and proximate result of the motor vehicle collision.
6. An opinion to a reasonable degree of medical certainty as to the nature of permanent impairment or disability which our client may have as a result of the injuries she sustained.
7. An opinion to a reasonable degree of medical certainty as to the need for future medical care and treatment, the length of time that our client will require this future medical care and treatment, and the approximate cost of treatment for any necessary follow-up appointments, medications, or other treatment options (We always ask our doctors to provide us with approximate price range if you are unsure of the exact price).