If you pursue a personal injury claim, you may come across the term demonstrable injury. This type of injury can be seen by the naked eye or detected on diagnostic imaging. A broken bone is one type of a demonstrable injury.
A non-demonstrable injury is often invisible to others. For example, you typically see whiplash. And, a soft tissue injury like whiplash may not show up on any diagnostic test.
While non-demonstrable injuries are no less real or painful for the injured party, the insurance company will try to downplay or dispute them. If you or your loved one have a non-demonstrable injury, you will need the help of an attorney to file a personal injury claim.
If someone else’s negligence or careless actions injured you, you do not need to put a label on your injuries. You are in pain and cannot work. That is all that matters right now to you and your family.
Unfortunately, the insurance company does not see things the same way. They are for-profit businesses that are out to protect their bottom line. Insurance companies will challenge or deny any claim they can.
Black-and-white evidence, such as an X-ray, can prove demonstrable injuries. The existence of a non-demonstrable injury relies partially on the patient’s description of their symptoms. Insurance companies are quick to say that you are exaggerating or lying about a non-demonstrable injury.
Many times, a demonstrable injury is obvious to others. You do not have to be a doctor to realize that someone has a bruise, burn, or laceration. Some demonstrable injuries only appear on diagnostic imaging such as X-rays, MRIs, or CT scans.
Examples of demonstrable injuries are:
The mere existence of a demonstrable injury is not disputable.
A non-demonstrable injury will not appear visually or through medical imaging. One common type of non-demonstrable injury is whiplash. Whiplash, neck strains, or neck sprains are soft tissue injuries.
Other types of non-demonstrable injuries are:
These types of injuries may face greater scrutiny from the insurance company.
Insurance companies often use a computer program to evaluate personal injury claims based on the information in your medical records.
Your doctor can still use objective measures to diagnose and determine the severity of a non-demonstrable injury. Your medical records should note observations like:
Detailed and specific medical records will make for a stronger personal injury claim.
It is not uncommon for an accident victim to have both types of injuries. For example, someone may sustain whiplash, a concussion, and a broken bone in a car accident. When an individual has more than one injury, the insurance company will evaluate each injury separately.
If you have only non-demonstrable injuries, the insurance company may dismiss or devalue your claim. A personal injury attorney can help you make the strongest case possible so that you recover a fair compensation.
The insurance company may deny your claim for other reasons. For example, the insurance company may blame you for the accident.
After an accident, it can seem like so much is out of your control. But you can make a strong personal injury claim.
If you were seriously injured or unconscious after your injury, you probably went to the ER via ambulance. But some injured people do not feel any pain or are not aware of their injuries right away. The adrenaline rush after an accident can make people appear okay when they are not.
After any accident, your doctor should see you. This initial visit is critical because it shows a correlation between the accident and your injuries.
If you wait several days before seeking medical treatment, this delay could weaken your legal claim. The insurance company could question whether you were injured in the accident or in another incident that happened afterward.
You may have ongoing doctor or therapy appointments. If you cancel or postpone these visits, the insurance company could argue that your injuries are not that serious or that you do not need medical care. Attending your appointments is good for your recovery and strengthens your legal case.
Some people will downplay the nature of their injuries, their physical pain, or their emotional distress. For many people, this can happen automatically because they equate being sick or injured with being weak.
Life after an accident is not easy. It’s difficult to admit that someone hurt you or your loved one.
Downplaying your injuries will not make you get better any faster. It also won’t make your legal case process any faster. Dishonesty about your symptoms will jeopardize your settlement amount.
The more specific you are when you describe the impact of your injuries, the more helpful it is for your doctors and other healthcare providers.
Vague statements that do not provide insight into your injuries include:
More specific statements that describe your injuries and how you feel are:
If you have difficulty describing your symptoms or how your injuries affect your life, talk to your loved ones. They may notice changes or difficulties that you don’t.
You have the right to request a copy of your medical records, including any doctors’ notes. Healthcare providers are human, too, and can make honest mistakes or omissions. Sometimes, a doctor may be rushed or misunderstand your symptoms.
Your medical records are a crucial part of your personal injury claim. These documents need to be complete and accurate.
You may find it helpful to have a family member or trusted friend attend your appointments with you. They can take notes while you focus on your discussion with your doctor.
The insurance company may assign a higher monetary value to a demonstrable injury. However, whether an injury is demonstrable or non-demonstrable isn’t the only factor that determines a settlement amount.
An insurance payout compensates you for the damages you incurred due to the accident.
These damages are either economic or non-economic.
There is no such thing as an average personal injury settlement, as these damages are highly individual.
If someone else’s careless behavior or negligence injured you, you may recover compensation for:
Medical expenses
Property damage
Lost income
Professional services, if you have to hire someone to do tasks that you can’t perform anymore
Home health aide, if you require assistance with:
After an accident, you may also recover non-economic damages.
You may deserve compensation if you experience:
While money can’t undo your injuries, a settlement holds the responsible party accountable for their negligence.
The only way to know if you have a valid legal case is to speak with an attorney. Many personal injury law firms offer a free case evaluation.
All personal injury claims are based on the same four elements.
This first element means that an individual or entity has a responsibility to act in a certain way.
The second element of a personal injury case is that the individual or entity acted negligently or recklessly.
The third element is that this negligence or recklessness caused harm.
This last element requires economic or non-economic damages.
If an attorney finds that your accident meets these four elements, they may pursue a personal injury claim for you.
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
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