Many people who are injured in car crashes or other accidents unfortunately must continue performing some activities that still cause them pain out of necessity, such as work, household, and educational duties. These activities are labeled "duties under duress" in the personal injury world. Duties under duress are among the most valuable factors used by claims assessment software in determining the value of a potential claim for an insurance company. Therefore, it is extremely important that you understand what exactly constitutes a "duty under duress" and how they must be properly accounted for.
To begin assessing a potential personal injury claim as a duty under duress, the duress must be recorded by a doctor. Duress may remain unaccounted for if a doctor does not note the pain in their chart note and narrative report. Both the chart note and narrative report provide detailed accountings of the injured person's visit to the doctor. They are also used by the doctor to determine the chronological order of the events prior; this includes information about any injury-related time restrictions at work, or activities the injured person continues to do at home out of necessity. When meeting with a doctor post-accident, it is imperative that any details about duties under duress be mentioned by the injured person and subsequently reported (if applicable) by the injured person's doctor.
If a claim fails to include existing duties under duress, it can be substantially undervalued. That is why it is extremely important that you have an experienced personal injury attorney in your corner advocating for your case and making sure they're doing everything to get you the money you deserve.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
