Residual Injuries and Compensation

brain injury

After being involved in an accident that has left you with injuries, sometimes it is hard to determine how long those injuries will last. There are what is referred to as residual injuries or long lasting injuries, which can be sustained in a car accident. It is important to understand how such residual injuries may affect the compensation value of your claim. This article will discuss the effects that residual injuries have on your personal injury case value.

The term residual injury is used in reference to permanent or long-lasting injuries that are suffered by an accident victim. Speak to a car accident attorney in Bakersfield to know more about the residual injury damages in your case. Residual injuries include:

  • Scarring – a common and permanent residual injury is scarring. This can be either from the original injury suffered by the individual or as a result of the needed medical treatment they underwent. When scarring is extensive and or prominent it often means that the plaintiff will receive a large value for damages. Such a large value can be attributed to cosmetic reasons as well as the fact that scar tissue results in the area where it is on the flesh to be less flexible. When scarring is found on joints or areas of the body that flex it may result in permanent, while slight, loss of movement. As such, it gives reason for a higher value in damages.
  • Disfigurement [Disfigurement Definition | Law Insider] – it is often the case that any compensation with regards to the disfigurement of an individual has a high monetary value only when the scarring and disfigured area is visible to the public. For disfigured areas that are found underneath clothes or can be covered by clothes these generally do not attract a high value for damages. Further, while there is no written social bias it is likely that a woman who has permanent scarring and disfigurement is considered to be more affected as compared to a man who may have the exact same scar on the exact same place of the body. Even aspects of ageism come into play, as well as social standing. For example, a young single woman is more likely to be compensated more for her scars as compared to an older married woman.
  • Joint or back injuries – some injuries related to joints and back leave permanent or long-lasting effects after one is involved in an accident. This is especially so in accidents that cause
    • spine disc injuries
    • displacement, damage or narrowing to the vertebra
    • cartilage, dislocation or ligament injury to any joints

While it may be true that the pain subsides or the injury resolves or stabilizes, it is likely that the injured individual will suffer some form of discomfort, pain or a lack of mobility as they age. As a result, such injuries attract a higher compensation value.

The truth is that no matter how small the residual injury, disability or disfigurement is, it can have a large and long-lasting effect on your life for a long time. And when an injury has a serious effect on our lives it has a direct impact on the value of our personal injury case.

The Law Offices of Young Wooldridge, LLP is a full-service law firm serving Bakersfield, California and all of Kern County. Our firm is recognized as a leader in the community, and we offer and extensive and wide variety of legal services including, but not limited to water law, personal injury, business law, employment and labor law, estate planning, real estate, and much more. Please reach out today to talk to a member of our team.