Challenges of Proving Soft-Tissue Injury Crash Claims
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- Challenges of Proving Soft-Tissue Injury Crash Claims
September 10, 2021
Auto accidents can cause a wide variety of injuries, such as fractures, spinal cord injuries, internal organ damage, amputations and head injuries. Victims may also suffer soft-tissue injuries, like sprains, strains, contusions or bursitis.
The trouble is insurance companies tend to view soft-tissue injuries as much less severe than injuries involving broken bones, your brain or spinal cord, or your internal organs. Imaging tests may not show the presence of a soft-tissue injury, which makes it harder for lawyers to validate soft-tissue injury claims.
Even though these injuries often result in debilitating pain, it can be very difficult to get an objective medical opinion about a victim’s amount of pain.
These are just some of the challenges of car crash claims involving soft-tissue injuries. At Phillips Law Group, we know how severe soft-tissue injuries can be. Our firm is committed to pursuing maximum compensation for those who have suffered soft-tissue injuries in car crashes caused by another driver’s negligence. We have obtained millions on behalf of car crash victims.
Documenting a Soft-Tissue Injury
One of the most important things you and your attorney will need to do is take steps to create a record of your injury. For example, make sure to tell your doctor about all the pain you experience. Explain your pain in detail:
- How bad is it on a scale of one to 10?
- Does it hurt all the time or only when you do certain things?
- How has this pain affected your life?
- Do you need to avoid certain activities?
Make sure to keep your doctor updated on changes in your symptoms, for better or worse. You also need to attend all follow-up appointments and follow your doctor’s treatment plan.
All of this will be noted in your medical records. If your records show you have consistently reported pain and other symptoms of a soft-tissue injury, it becomes harder for the insurance company to dispute it. You want to take steps to show the insurance company you are taking this seriously because this injury is serious.
However, even if you do these things, the insurance company will probably still contest your claim or undervalue it. That is why you need an experienced negotiator who is prepared to take the case to court if the insurance company does not offer fair compensation.
While most cases settle, our Phoenix-based auto accident attorneys are always prepared to go to court. We are also prepared to bring in medical experts to help validate your injury and the value of your damages.
Our attorneys may recommend keeping a daily journal in which you describe the pain you are feeling and how it affects you. This, in addition to your medical records and potentially expert testimony, may help validate your claim.
Soft-Tissue Injury Symptoms May Be Delayed
Another challenge with soft-tissue injury claims is symptoms of an injury may be delayed. You may not report symptoms of your soft-tissue injury for hours or days. You can bet the insurance company will use this delay against you as a reason to deny or devalue your claim. The insurance company may say you were injured in a situation that occurred after the accident because you did not immediately report your soft-tissue injury.
It is important to tell your doctor about your injury as soon as you experience symptoms. In fact, when you see a doctor right after the accident, make sure to report everything, no matter how minor you may think it is. If you feel a little tightness in your neck, tell the doctor, even if you think it may go away in a few days.
It is important to be aware of common symptoms of a soft-tissue injury, as you may be more likely to report these symptoms to a doctor.
- Feeling nauseous
- Pain in your jaw
- Sharp pain in your neck
- Blurry vision
- A tingling feeling in your shoulders
- Trouble concentrating
- Headaches
- Change in behavior, such as restlessness or anxiety
- Weak muscles
- Back pain
- Limited mobility
- Cramps or spasms
- Swelling
- Inability to put weight on a body part
- Bruising
Fraudulent Claims About Soft-Tissue Injuries
Insurance companies are on the lookout for fraudulent claims, as this affects their bottom line. Not to mention fraud is illegal. Unfortunately, insurance companies receive a lot of fraudulent claims about soft-tissue injuries.
These fraudulent claims have made insurance companies suspicious of claims for soft-tissue injuries. That is one of the reasons why it can be so difficult to recover full compensation for a soft-tissue injury, particularly if you do not work with a licensed attorney.
Unsure if You May Be Eligible to Seek Compensation? Call Today
We know you may have many questions about your legal options after being injured in a car crash. You can discuss your crash with one of our licensed attorneys in a free consultation. There are no upfront fees or legal obligations in working with our firm.
The insurance company is not working toward your best interests, which is why you need a strong, experienced advocate fighting for full compensation.
Give us a call today. No upfront fees. 1-800-706-3000
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