After more than 70 years of combined experience handling personal injury and accident cases, at Clark and Steinhorn, LLC, we have seen the patterns that inevitably arise in such cases. These include the fact that most cases do not involve broken bones of significant structural injuries but rather "soft-tissue" injuries.
What the heck does that actually mean? Well it may be easier to say what they aren't which includes broken bones, herniated discs, torn menisci, torn ligaments and torn tendons. Johns Hopkins health library describes a constellation of symptoms and/or injuries that fall into the category of "soft-tissue" injuries.
- Stress Injuries
So with a broken bone one can document the injury with an x-ray. A herniated disc or torn meniscus can be visualized with an MRI. These sorts of documentary evidence are essential to persuading insurance companies and that one has sustained a significant injury and is entitled to fair compensation.
What does one do to document the soft tissue injuries listed above? The first answer is that it is important to photographically document the victim's injuries as soon as possible after the accident. You may only have a bruise or strain but if there is discoloration or swelling or both, it is pretty conclusive proof of a significant injury being visited upon you.
The second area of objective documentary evidence involves observations made by healthcare providers in the aftermath of a truck or auto accident. Doctors may observe swelling, limitation of motion, reflexive pain and other medical conditions indicative of injury that would not be obvious to lay-people. Thus, it is essential to seek medical attention immediately after you sustain crash injuries.
Seeking medical treatment after an accident is also a good indicator to jurors, insurance companies and others, that you are genuinely hurt. Going to the trouble and expense of getting medical attention shows that the injuries are not merely a way to seek compensation.
Third, look to people around you in life to document how the injuries have affected you. Co-workers who see you limping around, family members who picked you up because your medications meant you shouldn't drive, friends who saw you forego activities that you enjoy after an accident are a wonderful means to demonstrate your crash-related injuries.