Car crash victims have the right to seek compensation for their injuries, assuming those injuries were caused by another driver’s negligence. To qualify their claim, victims must first provide evidence that connects their medical issues to the collision, which can be a challenge with certain injuries.
Below, we discuss the reasons why it can be difficult to link some injuries to a crash. If you suffered any of these injuries in a collision, our Windsor vehicle accident lawyers may be able to help you file a claim. We have decades of experience documenting injuries and pursuing compensation for victims.
There are no upfront costs with our services and the initial legal consultation is 100 percent free of charge. We do not get paid unless we secure compensation on your behalf.
Call Greg Monforton and Partners today to learn more: (866) 320-4770.
Linking a Back Injury to a Crash
Car accidents can cause many back injuries, like herniated discs, bruising or strains and sprains. It can be difficult to link back injuries like these to a car crash, even though back injuries commonly occur in car accidents. These are some of the reasons why:
- Delayed Symptoms: Back pain might not show up immediately after an accident. This delay often raises doubts about what caused your back pain. The insurance company might argue that you could have injured your back while lifting something heavy or engaging in some repetitive activity at your job.
- Diagnostic Challenges: Medical imaging tests like X-rays or MRIs are useful in determining crash victims’ injuries and connecting them to the collisions that caused them. However, what if an injury does not show up on an imaging test? For those types of injuries, doctors must rely, at least partially, on the symptoms you report. This situation often happens with soft-tissue injuries, which insurance companies often try to downplay.
- Preexisting Conditions: Many people have ongoing or preexisting back issues. These types of injuries are especially vulnerable to being worsened or aggravated by the trauma of a crash. Drawing distinctions between new pain/symptoms and old pain/symptoms can be a challenge.
Connecting a Soft-Tissue Injury to a Collision
Soft-tissue injuries refer to damage to muscles, ligaments or tendons. Whiplash is a very common example of a soft-tissue injury. These types of injuries are not visible, making them harder to accurately diagnose. Doctors need to perform a thorough physical evaluation and ask the patient various questions about pain and other symptoms.
Another problem with soft-tissue injuries is that they cause symptoms that can be attributed to many other injuries. This makes it easier for insurance companies to claim your injuries were caused by something besides the crash. For instance, they may say you are pursuing a claim to obtain compensation for an injury that would not otherwise be covered by your auto insurance.
Insurance companies have the right to protect themselves from frivolous claims. After all, they are businesses that exist to make money. As such, they are constantly on the lookout for people who may be exaggerating or outright lying about their claims.
Unfortunately, injured victims with valid claims end up paying the price for these suspicions. These claims are not impossible to prove, but you will need strong evidence. This is a major reason to consider hiring an experienced lawyer to manage your case. If the insurance company denies your claim or refuses to increase its settlement offer, the lawyers at our firm are prepared to take matters to the courtroom. We are deeply committed to securing the favorable result you need during this difficult time.
Aggravation of a Preexisting Injury
Many people have chronic or ongoing medical issues that could easily be worsened by the trauma of a car accident. For instance, if you are dealing with a broken bone, strained ligament, back injury, pinched nerve, whiplash or shoulder injury, it could get much worse after a collision.
These preexisting injuries give the insurance company room to argue you are trying to recover compensation for an injury that is unrelated to the accident.
The challenge here is to show how your existing injury got worse because of the collision. You will need to compare your symptoms and physical limitations from before and after the collision. For instance, if you are getting treatment for your condition more often because of the aggravation caused by the crash.
These types of claims often benefit from the testimony of a medical expert. This individual can explain in detail how the crash made your condition worse.
You will also need to provide detailed information about pain levels and other symptoms, explaining how your worsening symptoms have impacted your life.
Claiming Pain and Suffering
Crash victims may be able to recover compensation for the pain and suffering caused by their injuries. However, these are non-economic damages, which means their value is up for interpretation and based on the victim’s testimony. These damages are also subjective, which leaves room for insurance companies to question the value victims assign to these damages.
Your lawyer can explain how to document the ways your injury has affected your life. You also need to continue medical treatment and give your doctors detailed information about pain levels and emotional distress from your injuries.
Contact Greg Monforton and Partners Today To Discuss Your Crash
Is the insurance company questioning the cause of your injuries?
It may seem obvious to you that you were injured in a crash, but insurance companies do not care. They will often look for any way to deny or underpay your claim.
At Greg Monforton and Partners, we know how insurance companies operate, as we have many years of experience taking them on in injury claims. Our firm has obtained millions on behalf of our clients.
Give us a call to learn how we may be able to assist you with securing the compensation you need to move forward.
Proven results. No upfront costs for injured victims. Contact us at: (866) 320-4770.