If you’re in a car accident and you suffer an injury such as a broken arm or lacerations, filing a claim with your insurance company or filing a lawsuit against a negligent driver is typically fairly straightforward. The burden of proof is on you, and among other things, you’ll have to show that your injuries were a result of the accident, and that you have concrete, easy-to-see evidence to back up your claim. However, car accident victims who suffer back pain often have a harder time getting their claims taken seriously, especially if they were injured in a low-speed, minor property damage auto accident.
When impacts occur at low speeds, insurance adjusters tend to be skeptical of claimants who say they’re suffering from a back injury as a result. To make matters worse, insurance adjusters typically want to see some clear evidence of an injury such as a herniated disc. A herniated disc is the displacement of the center of the rubbery disc between vertebrae, often leading individual bones to press against each other. This is a fairly common car accident injury and can cause pain in the arms, legs, and lower back. However, it’s not the only back injury that someone may suffer in a low-impact collision, and it shouldn’t be the evidence needed to receive compensation when someone is legitimately suffering from back pain as a result of their car accident.
Potential Back Injuries in Low-Impact Car Crashes
Dessication. This condition describes the deprivation of moisture that occurs when spinal discs dry out. Some dessication is a natural part of aging, but the process of drying out may occur more rapidly if there is damage to the blood supply. Some suffering from rapid dessication typically lose some height and flexibility as their spinal discs contract.
Hypertrophy. The swelling of tissues caused by pain rather than trauma is referred to as hypertrophy. Facet joint hypertrophy occurs when the facet joints between spinal discs become enlarged. This is another condition that may occur with age, because the joints can become inflamed as they degenerate, but it may also occur as a result of an auto accident. The inflammation of the facet joints affects the surrounding spinal nerves, causing intense pain and numbness that can extend from the back all the way through the legs.
Osteophytes (bone spurs). Osteophytes are small outgrowths that protrude out of bones and may irritate adjacent tissues, causing pain, numbness, and tenderness. When they occur in the spine, they can also cause tingling and weakness in the area of the body supplied by the irritated nerve. They’re typically caused by local inflammation.
Narrowing of the foramen. The vertebral foramen, which is the opening at the top and bottom of each vertebra, may tighten to the point that the nerve roots don’t have enough room to pass through. It is often caused by several of the conditions described above, such as herniated discs or bone spurs.
Dessication, hypertrophy, and osteophytes are all caused by degenerative changes that can occur or be aggravated as a result of a car accident, rather than by the trauma of a collision. While an insurance adjusters ought to give such injuries valid consideration, they often will not. If you’re suffering from one of the conditions and your insurance company is refusing to take your claim seriously, it may be in your interest to work with an experienced car accident attorney in order to present the strongest possible case for compensation.
How to Get Insurance Companies to Take Your Case Seriously
Insurance companies are, after all, businesses with a bottom line to protect. Because of that, they’ll do everything they can to avoid paying your claim if they think there’s any chance you’re faking your back injury. In order to get an insurance company to recognize the legitimacy of your claim, some of the following steps may be helpful:
Use the term “medical condition.” The back issues described above are legitimate medical conditions, so call them what they are when you’re in court, rather than describing them as injuries. Insurance adjusters and juries will pay attention to this specific language.
Take photos. While your first step after a car accident should be to seek the medical attention you need, you should also be proactive and take pictures early and often during your claim investigation or lawsuit. Some claimants are even going one step further now by using Google Glass to provide a first-hand look at how their long-term pain has affected their daily life. Even if you don’t have access to such advanced technology, photos can go a long way in helping you make your case.
Call in a forensic radiologist. You may think the most logical medical expert to call in your case is an orthopedic surgeon, but because orthopedists focus on treatment and symptoms rather than detecting injury causes, they may not be able to provide you the testimony you need. Your may benefit from working with a forensic radiologist who will search for evidence of the time that a fracture occurred, acute trauma, swelling, and disc bulge size—all of which can help you prove your case.
Call in a biomechanical engineer. Biomechanical engineers study movement and the forces that act upon a body, so you may be able to call one in as an expert witness.
Work with an experienced car accident attorney. You should choose a motor vehicle accident lawyer who has experience with your specific case and knows how to present a convincing argument to courts and insurance companies. Since your insurance company will most likely have their own experienced legal team, you too should consider a professional advocate to give yourself the best chance of getting monetary compensation. Contact, an attorney, sooner rather than later—the more proactive you are, the more seriously your case will be taken.
About the Author:
Attorney Jeffrey A. Luhrsen credits his military career with the work ethic, integrity, and tenacity that drives his career as a personal injury attorney. Having garnered numerous academic awards and scholarships during college and law school, Mr. Luhrsen has continued to earn accolades throughout his career, including a Martindale-Hubbell AV® Preeminent™ Peer Review Rating, the highest rating an attorney can achieve in legal ability and ethical standards. He has been in private practice since 1998 with a focus on tort claims and insurance disputes. Luhrsen Law Group, based in Sarasota, Florida, is proud to be a family-owned firm that helps Florida families recover after serious injuries and from legal wrongs.
The post Car Accident Victims with Back Pain May Face Uphill Battle appeared first on .