When the insurance company evaluates your personal injury case, a number of factors are taken into account. Adjusters seem to have a kind of “sixth sense” in studying the factors supporting your injury claims. Among the most important of these are causation and proportionality.
Imagine a case in which a person claims that he/she received a facial injury when a can of vegetables suddenly exploded. The adjuster researches the claim, and finds no reference in any medical records to such an injury, but does find that the individual was treated for an injury sustained while mishandling a firework. The disparity between the claim of cause, and the evidence, is obvious in this example. In many instances, the differences may be subtler.
Causation, then, refers to the relationship between the accident, injury, and records. Among factors adjusters will consider are medical opinions about the length and extent of disability; noted prior injuries; reference to intoxication; pre-existing conditions; and any other issues which tend to diminish the causal relationship.
Proportionality involves a correlation between the injuries the plaintiff claims and the extent of treatment provided. Soft tissue injuries are sometimes exaggerated in order to inflate the claim, and are therefore often called into question.
You can best help the success of your case by being honest, and keeping accurate and complete records of everything related to your injury. If you do, there will be no need to worry about causation and proportionality issues.
If you have suffered a personal injury in the Dallas/Ft. Worth area call Dean Malone at (214) 670-9989.
- Guest Contributor