Whether you’ve suffered a slip and fall or been in a truck wreck, back injuries are common a common result. These injuries can impact a victim’s life. However, proving them in a legal case can be challenging.
Are back injuries hard to prove? In many cases, the answer is yes, but with the right legal help, you can handle these issues.
Why Are Back Injuries Difficult to Prove?
When insurers are faced with the possibility of a payout, they might want to dispute your injuries, especially back injuries. Some of the reasons behind these decisions include:
These Are Invisible Injuries
Unlike cuts or broken bones, which can be seen and easily verified through X-rays or photographs, many back injuries involve soft tissue damage that lead to:
- Herniated discs
- Sprains or strains
- Nerve compression
- Spinal cord injuries
- Muscle spasms
These conditions do not always show up on standard imaging tests like X-rays. Sometimes, even advanced diagnostic tools like MRIs or CT scans may not capture the extent of the injury.
With this lack of clear visual evidence, it can be difficult to convince insurance companies, opposing attorneys, or even a jury that your injury is real and severe.
They Have Delayed Symptoms
Many times, back injuries do not develop immediately after an accident. You might walk away from a car crash feeling fine, only to experience pain or stiffness days or weeks later.
With this delay, insurance adjusters can argue that your injury is not related to the accident. Instead, they may try to pin it on another cause, such as daily wear and tear or a separate incident.
You Have a Pre-Existing Condition
Many people have pre-existing back issues, such as degenerative disc disease, arthritis, or prior injuries. Insurance companies know this and will often use these conditions to claim that your back pain existed before the accident.
As a result, they can claim that the pain was not caused by the accident.
Pain Is Subjective
What feels like excruciating pain to one person might be manageable to another.
Since back injuries lead to pain, limited mobility, and discomfort, insurance companies may argue that you are exaggerating your symptoms to secure a larger settlement. Without objective proof, it can be difficult to validate the severity of your pain.
Common Defense Tactics
Insurance companies and defense attorneys often rely on certain strategies to dispute back injury claims, including:
- Claiming the injury is minor: They may argue that your injury is just a temporary strain that does not need any compensation.
- Blaming your lifestyle: These insurers might state that your back pain is due to poor posture, heavy lifting, or other everyday activities unrelated to the accident.
- Questioning your credibility: If your medical records contain inconsistencies or if you’ve had prior back issues, they will use this information to cast doubt on your claim.
How Can You Overcome These Challenges
While back injuries are tough to prove, they’re not impossible to substantiate. Make sure to take these steps to strengthen your case:
- Get immediate medical help: You never want to delay seeing a doctor after an accident, even if you feel fine. An exam is needed to assess the person’s strength, motion range, and reflexes in the back per criteria from the Mayo Clinic. A medical evaluation can document your condition and help establish a clear timeline linking your injury to the incident.
- Undergo diagnostic testing: MRIs, CT scans, or nerve conduction studies can identify and document underlying injuries. These tests are stronger evidence than a simple physical exam.
- Work with medical experts: A skilled medical professional can testify about the nature and extent of your injury, including the impact on your life. They can also help explain how the accident caused or aggravated your condition, even if you had pre-existing issues.
- Document everything: You will want to keep detailed records of your symptoms, doctor visits, treatment plans, and how the injury has affected your daily life. Photos, videos, and journals describing your pain and limitations can also be valuable.
- Hire an experienced personal injury lawyer: A South Carolina personal injury lawyer can work to counter the defense’s arguments. They’ll also negotiate with insurance companies to ensure you receive fair compensation for your injury.
By taking these steps, you can build a solid foundation to counter the insurer’s tactics.
Proving a back injury in South Carolina can be difficult but not insurmountable. When you take the right approach, you can overcome these hurdles.
If you’re struggling with a back injury after an accident, don’t let the legal process discourage you. Reach out to a trusted South Carolina personal injury lawyer today. At The Solomon Law Group, LLC, we are happy to discuss the merits of your case.
