When a person has been injured in a car accident, there are many types of injuries from which a victim may suffer. Although the debilitating pain may be equivalent for a fractured femur and a lower back sprain, the person suffering from the soft tissue injury may face a greater challenge in obtaining the compensation that he deserves. This is because insurance companies fight harder when the medical proof is more difficult to establish, regardless of the fact that the person is suffering the same as someone who can present x-rays and other hard evidence about the harm that he suffered.
A soft tissue injury technically is damage to something other than bones or other “hard” body parts, but it is more complicated than that. There are many types of soft tissue injuries that are common after a person has been subjected to the stretching and tearing forces of a car accident. The potential harm includes:
- Whiplash injuries;
- Neck strains or sprains;
- Upper back nerve and muscle damage;
- Lower back strains or sprains;
- Spinal injuries; and
- Headaches resulting from nerve and muscle damage.
The parts of the body where damage often is classified as soft tissue damage include: ligaments, tendons, muscles, joints, and inter-vertebral discs. These injuries often do not appear on typical diagnostic scans, such as x-rays, MRIs, or CAT scans. This results in an attempt to discredit or undermine the seriousness of the injury. Whiplash injuries present a clear case where the insurance company will try to fight the claims for compensation. Although more research is showing the real harm that car crash victims suffer as the result of whiplash, the evidence often arises from a pain block study or even an autopsy after the victim has died, so it does not help the victim during the claim process. In settlement negotiations and at trial, the most compelling evidence often is in the form of the victim and the doctor’s testimony and insurance representatives try to dismiss that as exaggerating the harm and seeking unnecessary money, so it is important that there is a clear record.
In order to succeed in a claim for compensation for a soft tissue injury, it is critical that the victim of a car accident get medical attention as soon as possible. In addition to getting treatment to get better and not exacerbate the harm that the person has suffered, the record is important for showing that the pain and damage was the result of the car accident and not some other event. In addition, it also will document the development of the pain and the response to various forms of treatment. Many times, an insurance representative will attempt to prove that the medical condition is the result of a prior injury. The testimony of the injured party’s physician along with the extensive medical records starting shortly after the accident is convincing evidence.
In addition to the medical records, it is a good idea to maintain a journal of the injury and its impact on the person’s life. Detailing the pain on a scale of 1 to 10 each morning and then recording how it changes through the day will present a picture of the suffering that the victim experienced on a daily basis. This also is a good way to demonstrate how the person may not be able to participate in activities that were very important to him or her before the accident. Establishing the daily struggles of an accident victim makes the pain real or insurance representatives or the trier-of-fact.
Murphy & Associates Builds a Compelling Case
When you have been involved in a car accident, the last thing that you want to think about is whether or not people believe you when you describe the pain that you experience every day. The skilled and hardworking Louisville Personal Injury Attorneys at Murphy & Associates, PLC will shoulder the burden of putting together a strong case while you focus on recovering from your injuries. Call us at (502) 532-8395 to schedule an initial evaluation. We only collect our fee when we recover compensation for you.