6. Permanent loss of use of a body organ, member, function or system
8. Significant limitation of use of a body function or system
If possible, your attorney must submit diagnostic test reports which reveal an injury as well as physical examination reports which indicate that the injury results in a significant limitation affecting the claimant's life. In addition, these tests and initial examinations must be performed shortly after the accident.
The diagnostic test is usually in the form of an MRI. This test is able to detect among other things, a disc injury of the neck or back, a torn ligament or meniscus of the knee, a torn tendon in the ankle , and a torn rotator cuff or labrum of the shoulder.
The physical examination report should be performed by a physician and must either show a significantly decreased range of motion , or positive results of an objective medical test.
Another hurdle that car accident victim faces in Court is the need to explain either a gap in or cessation of medical treatment.
Not only must an injured person meet the above described legal requirements but there are many more requirements depending on the specific facts of each case.
Clearly, without an experienced personal injury attorney such as Barry Feldman, a car accident victim would have little chance of obtaining just compensation from an insurance company.