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Compensation for Organ Damage from a Car Accident


Internal injury like organ damage from a traumatic accident is devastating. Such damage may lead to permanent disability and a loss of income or even career. It is important to understand your rights if you were in a serious accident in Ft. Wayne and suffered serious injuries, and how to receive compensation when injured by the negligence of another driver.

What Is Internal Organ Damage?

Even if you don’t have a visible injury, you may suffer from internal organ damage. This type of injury may occur without visible bruises or bleeding. Therefore, even if you don’t seem to be hurt, visit the emergency room or a doctor after a wreck for a full evaluation to catch any ‘hidden’ injuries.

It is also important to establish a record of examination, which may be important if you later have to pursue compensation for your internal injuries.

Several types of internal organ damage exist. Some examples of very serious internal injuries are:

  • Aorta rupture
  • Concussion or other traumatic brain injury (TBI)
  • Lung injuries
  • Perforation of organs (liver, spleen)

These injuries are potentially life threatening and require immediate medical assistance. Many notice symptoms right after the accident, though in less severe cases, the symptoms are not immediately evident and will continue to get worse if medical attention is not sought.

What Do I Need to Do First to Ensure My Health and Protect My Claim?

As previously mentioned, getting medical attention after an accident proves essential.

If you suffered severe organ damage and symptoms immediately presented themselves request emergency medical attention:

  • Pain
  • Swelling
  • Severe bruising
  • Dizziness

If you did not require emergency care, get yourself to an emergency room or doctor’s office as soon as possible for an evaluation. Calling the police is also important.

Additionally, the Indiana Bureau of Motor Vehicles (BMV) advises Indiana residents to do the following: “Contact your insurance provider as soon as possible. Ask them to file a Certificate of Compliance (COC) covering the date of the accident in the vehicles involved. Failure to submit proof of insurance after an accident may result in the suspension of your driving privileges regardless of who is at fault.”

As Indiana is a fault-based insurance state, your primary avenue through which to recover compensation is likely the other driver’s insurer. But don’t make the mistake of thinking that insurance exists to help you prove your injury claims. Many insurance companies only care about the bottom line.

For example, some insurers may:

  • Try to downplay your injuries
  • Minimize your injuries’ severity
  • Try to blame you for the accident even if its insured is at fault, all in the name of saving their company money

Keep track of all paperwork pertaining to your accident and organize your evidence to present it to the insurance company.

What Compensation Can I Pursue in an Insurance Claim or Lawsuit?

You should receive compensation for costs deriving from the accident:

  • Lost income
  • Medical bills
  • Car damage

If applicable, you may also be entitled to compensation for lost earning capacity if the internal injuries reduce your ability to work and earn income. Your claim should account for any future medical bills as well.

There is also the matter of whether you are due compensation that covers noneconomic damages in addition to the economic damages mentioned above. For instance, the injury can lead to permanent pain and suffering, and scarring in the area – such as in the case of a penetrating wound that causes organ damage – may entitle you to seek compensation for damages related to disfigurement.

If you find yourself in need of a lawyer to represent your case related to internal organ damage because of the negligence of another driver in Indiana, contact Hensley Legal Group, PC at (317) 472-3333 or contact us online to set up a consultation.