Securing Recovery for Personal Injuries That are Hard to Prove

When you’ve been in a car or truck accident and you suffer a broken leg, the bone damage is revealed in X-rays. If you have been burned because of a defective product or you get road rash in a motorcycle accident, those injuries are visibly evident on your body. But what about the injuries you can’t see?

Many life-changing personal injuries don’t show up in standard X-rays or MRI images. Insurance companies will argue that you are exaggerating these injuries or that you’ve entirely made them up just to “get rich” from the accident. You know that you’re hurting and that recovery is a long road that may never end. But how do you prove it? And how do you ensure that you receive fair compensation for your injuries?

To recover full compensation when injuries are hard to prove, you need to work with a legal team that understands how to acquire the right types of medical evidence and how to explain that evidence in a way that clearly establishes the extent of the injuries and the impact on your life. Not every personal injury attorney is prepared to do that. Some firms want to settle claims quickly for a minimal amount and move on to the next client. So, to recover full compensation for your losses, you need to choose your attorney carefully.

Common Injuries That Can Be Challenging to Prove

The human body is a complex organism. An impact on one part of the body or system can affect other parts. The effects of harm often manifest as sensations or reductions in function rather than in a physical change. These factors can make many serious injuries hard to detect and prove. Some of the most common injuries that can be difficult to prove include:

• Traumatic brain injuries (TBIs). Damage to brain tissue often does not appear on standard medical imaging. However, the effects are revealed through the injuries’ impact on the victim’s life. TBIs frequently impair cognitive function, from memory to processing ability. They can change personality, which can lead to intense anxiety. The effects of TBIs often make it difficult for accident victims to work or enjoy life the way they did before. They act differently and feel different, but they may look just the same as before the injury.
• Chronic pain. Medical science has not yet developed a reliable tool to measure pain. Yet pain and the desire to avoid pain can impact an individual’s life more than any other single factor. When an accident victim suffers a back injury or other harm that leads to relentless pain, they may not be able to do anything in comfort ever again. Even sitting and lying down may provide no relief. The degradation in the quality of life is heartbreaking.
• Nerve damage. Damage to nerves anywhere in the body can lead to numbness, loss of control, or hyperactive movements and frequent pain. Yet this damage is not easy to detect in medical imaging.
• Soft tissue injuries. Whiplash is common in rear-end collisions and other accidents. Other soft tissue injuries in the neck and back can lead to chronic pain. But because the tissue damage is internal, it does not show up on the outside, and because the tissue is not dense, it does not show up on X-rays or other internal imaging.

In addition, many accident victims suffer from mental health injuries such as anxiety and PTSD, which also do not produce physical evidence, even though they have a tremendous impact on the quality of life and the ability to function.

How Insurance Companies Fight Claims for These Injuries

Insurance companies and their legal teams will use any tactics they can to avoid paying damage claims. They may particularly target their defense around attempts to prove that your injuries are minor or do not exist at all.

They will point to the lack of visible evidence. They are likely to suggest that pain or ill effects are the result of an earlier injury that you are just trying to blame on the accident. They may claim that your injuries are merely the result of the natural aging process or your own bad habits. If you did not see a doctor immediately after the injury or if you were undergoing treatment and you stopped, they will use your records as “evidence” that reveal your injuries must not be causing many problems for you. It is important to seek medical care immediately after an accident and to follow your healthcare provider’s recommendations, especially for follow-up care.

Steps to Secure Your Recovery for Injuries That are Hard to Prove

As attorneys who have been helping accident victims recover for decades, we cannot overemphasize the importance of prompt and consistent medical care. Getting a thorough exam and following instructions not only protects your health but also provides evidence to secure your legal and financial recovery.

In addition to the medical records provided by your treatment, it is helpful to have a personal injury journal documenting the effects of your injuries. Try to keep a daily record of your level of pain and how it is impacting your life. Did you skip dinner with a friend because you were hurting too much to leave the sofa? Write it down. Are you feeling depressed and anxious about the future in ways you never experienced before? Make note of that, too. Having regular entries about the effects of your injuries over the course of several months can provide powerful evidence that your injuries are having a profound and costly effect on your life.

Don’t try to hide the pain from friends, family, or your doctor. Their testimony about your condition can also provide critical evidence.

Work with a Legal Team That Knows How to Fight Effectively for Full Compensation

At Searcy Denney Tallahassee, we know that often the injuries that destroy your life leave no visible signs. We use a variety of evidence and often bring in experts who can testify about injuries and their impact. It takes extra effort to prove some injuries, but we know how important it is for victims to receive recognition and full compensation. If you or a loved one were hurt due to someone else’s irresponsible actions, call us at 888-549-7011 or contact us online today to learn about the ways we can help you recover and move forward.