Proving your back or neck injury to an insurance adjuster or jury after a car accident or slip and fall is what successful personal injury lawyers do all the time.
There are a number of ways that we go about proving your proving your injuries to an insurance adjuster, judge or jury.
The first thing we look at is your past and current medical records to identify your medical condition before and after the crash. We gather this information so that we have a baseline regarding your spines health. One of the main ways that insurance companies defend neck and back injury claims is by making the argument that the accident didn’t’ cause the problem but instead the client had some underlying condition, prior injury or just plain arthritis. When we have this information, we are able to arm ourselves with the facts to dispute the insurance adjuster’s position.
The next thing we look at is your diagnostic imaging, which can include X-rays, CT scans or MRIs.
X-rays can show spinal fractures but most folks don’t have this severe of an insurance. Instead, we use x-rays to show potential muscle spasm, the general health of the spine and whether there is significant arthritis.
CT scans or computerized tomography is used in folks who have metal implants and cannot undergo MRI to visual the spine and discs. It is also used when the doctors are concerned about injury to the bone that may not be seen on regular x-rays. CT is also used to visual the skull and the head and is the test of choice when a patient complains of head trauma or headache because it can show if there is a bleed in the brain.
Finally, MRI is the test of choice for the soft tissue structures like (ligaments, tendons and discs) in the spine.MRI also allows the doctor to visual the spinal canal, spinal cord and nerves to help determine if you have a pinched nerve.
If the diagnostic imaging studies do not show a hard injury like a spinal fracture or immediate spinal cord damage – this becomes a battle ground with insurance companies.
In court, the person injured in an accident will need one or more of their doctors to testify that the accident caused or substantially contributed to your injury or problem. This is the legal element of causation that is required in all personal injury matters.
You cannot go to trial without the support of your doctor because the judge will have throw your case out of court because you cannot meet the requirements of a personal injury claim.
Even though insurance companies try to play the blame game, they are responsible for your injuries caused in the accident, but you will need an attorney that has a strong grasp of the spine and potential injuries to be a strong advocate on your behalf.
If you have any questions about a Florida neck or back injury after an accident, you can give me a call.