Car accidents often cause a range of back injuries that lead to back pain. Certain back issues are generally referred to as soft tissue injuries. They include: back, neck, shoulder sprains, strains, whiplash, herniated discs, bulging discs, and other types of injuries to muscle and tendons. These injuries can be painful and disabling. Whereas fractured vertebrae can be easily identified in an X-ray, soft tissue injuries cannot be seen on conventional X-rays. Therefore, linking a soft tissue injury to a car accident can be challenging.
When you are dealing with a soft tissue injury and it is not showing up on an X-ray, your insurance company may claim that your condition is preexisting or unrelated to your car accident. Because of the challenges involved in validating this type of injury, you need an experienced Pennsylvania lawyer to help you pursue a claim regarding your unique case.
The Challenges Associated with Proving Back Pain Is Related to a Car Accident
Back injuries resulting from a car accident can be debilitating on your health, finances, and emotional wellbeing. However, car accidents are one of many ways a person can injure their back. Back injuries also result from everyday activities and can be the source of back pain. Due to this, it may be challenging to prove that your back pain is the result of your car accident. Having a car accident lawyer assist you can help build your case against insurance companies claiming that:
- You had pre-existing back pain or injuries
- You injured your back after the car accident
- Your injuries are not as severe as you portray them
Consulting an experienced car accident lawyer can help you build a strong claim and help document evidence in proving your back pain is related to your car accident.
Proving Your Back Pain Is the Result of Your Car Accident
Injuries such as fractured vertebrae are easier to prove because of the conclusive examinations that doctors can confirm using imaging and physical testing. Soft tissue injuries are more subjective and harder to confirm because they may not always show up on an imaging test unless they are severely inflamed.
When injuries show up on an imaging test, physicians also require the patient to explain more thoroughly the extent of the pain and how it affects their day-to-day life. Physical examinations are used to determine specific areas of injury and trauma to confirm the soft tissue injury.
Typically, there is a substantial negative bias when soft tissue injuries are part of a claim because insurance companies do not equate that to serious injury. This perspective is used to downplay your back pain and injury claim. This is why it is essential to have treatment right away after your accident and to keep extensive records of all of your injuries. Additionally, insurance companies also view attendance at medical appointments as imperative to the validity of your back pain and injury. If you stop treatment and skip appointments, they may use that against you to devalue your claim.
Proving the Other Driver Is at Fault
Pennsylvania is a “modified comparative fault” rule state, which means that the claimant has to be 50% or less responsible for the car accident. This rule is used when both drivers share the blame for the accident. Damages are calculated based on the percentage of evidence. A skilled car accident lawyer can help build your case and gather strategic evidence to help you win your case.
If the other driver was wholly at fault, they pay the damages and you may get compensation for medical bills, lost wages, and other losses you have experienced.
Proving the Severity of Your Back Injury
To get the most compensation for your claim, you have to prove the severity of your back injury. Do not put off seeking medical care after a car accident, because back pain and injuries worsen over time. This helps you link your back pain to your injury because it is soon after your accident. Recognizing that pain is related to the car accident injury early can build your case and provide solid evidence for insurance companies. Documenting the items below can show the damages associated with your back injury:
- Medical costs
- Lost wages
- Pain/Suffering
- Extent of injuries
Putting off treatment for injuries allows insurance companies to downplay your back pain or claim that the injuries are not linked to the car accident.
Speak with an Experienced Pennsylvania Car Accident Lawyer
With over 65 years of experience, the Rubin, Glickman, Steinberg & Gifford, P.C. attorneys are skilled in helping personal injury victims due to a car accident seek compensation after being injured by a negligent driver in Southeastern Pennsylvania.
Rubin, Glickman, Steinberg & Gifford, P.C. is a personal injury law firm with expertise in assisting victims of personal injury in navigating the legal system to help them win their cases. If you have been injured in a car accident due to a negligent driver, contact us today for a free consultation at (215) 822-7575 or fill out our online contact form.
