The valuation of Bodily Injury is a medical activity framed in the so-called expert medicine, that is to say, the one that serves as legal support for the judge to issue a decision. In short, it is a matter of identifying the after-effects of accidents or degenerative pathologies and quantifying them in points determined by Law.
The purpose of the expert appraiser of the corporal damage is the realization of a report or medical opinion accrediting and basing the functional deficits or registered sequels. It is not so much a question of incapacity but rather of determining the percentage of disability, also determined by Law, and as a conclusion to propose an absolute incapacity (for all types of work), total (for the habitual profession) or partial (can work with certain limitations).
The criteria must always be objective and based on the documentation and medical tests already carried out, thorough clinical examination and, if necessary, new medical tests. All this will lead to the preparation of the pertinent expert medical report or opinion.
Some illustrative examples of the functionality and importance of the expert reports
Let’s say for example that a person suffers a traffic accident and as a consequence of the same one suffers a cervicalgia. In the Hospital he is diagnosed with “whiplash”. The patient remains on sick leave for a few days and is left with residual pain.
He is entitled to compensation and in order to claim it he needs the opinion of a doctor who assesses bodily injury to determine the days of sick leave (there are those of different qualifications) and the sequels that have been left (and quantify them in points determined by law). Based on this, the amount of compensation to be paid by the insurance company is determined.
Another example would be the case of a worker who is unable to continue working after suffering an accident at work. In this case, an expert opinion or report is also required to determine the percentage of disability.
The importance of the Valuation of Bodily Injury is such that without it, in many cases, the aforementioned expert reports could not be carried out and, consequently, the percentage of disability that would give rise to a disability could not be accredited.