Injuries are painful and sometimes debilitating. They are also costly when they require medical treatment and interfere with the ability to earn a living. When an injury results from someone else’s negligence, recklessness, or wrongdoing, you can recover full and fair compensation through a personal injury claim against the at-fault party’s insurance.
Insurance companies do not happily write out large checks that cut into their profits. For this reason, an injury victim must present compelling evidence of the injury and the resulting economic damages, like medical expenses and lost earnings. But what if the injury isn’t clearly visible? How do you prove invisible injuries or those with delayed symptom presentation? Make sure to speak with a personal injury lawyer in Arlington if you were injured.
Understanding Invisible Injuries and Delayed Diagnosis
Some injuries are immediately visible, such as lacerations, burns, and even broken bones. Other injuries are internal and not outwardly apparent. Common examples of these injuries include the following:
- Whiplash
- Soft-tissue injuries like sprains, strains, and torn ligaments
- Traumatic brain injuries (TBIs)
- Internal organ injuries
- Nerve Injuries
- Internal bleeding
- PTSD, emotional trauma, anxiety, depression, or loss of enjoyment of life
Injuries like whiplash, soft-tissue injuries, and nerve damage are not externally visible and, in some cases, aren’t apparent on medical imaging tests. Still, these injuries may cause pain, limited mobility, disability, or even life-threatening complications.
In some cases, an injury victim may not go to the hospital immediately after an accident, or may undergo emergency treatment for obvious injuries. In other circumstances, hidden injuries may remain undiagnosed until inflammation, internal bleeding, pain, or other symptoms become apparent days, weeks, or even months after an injury.
How Do You Prove Invisible Injuries or Injuries With Delayed Symptoms?
Personal injury claims are typically made directly against an at-fault party’s insurance company, such as auto insurance after a car accident or property insurance after a slip-and-fall accident in a store. Insurance companies require clear and compelling evidence of the following:
- The at-fault party owed a duty of care to the injury victim
- They breached their duty of care
- The breach of duty caused injury, and
- The injury victim suffered damages from the injury
Proving that an invisible injury exists and has economic and non-economic impacts on the injury victim is crucial to a successful claim.
Those who’ve suffered injuries that are not visible must take additional steps, including providing medical records, medical images from CT-scans, X-rays, or MRIs, testimony from medical experts, and eyewitness testimony showing that the victim has suffered pain, disability, or emotional injuries. Additional evidence includes medical bills, invoices, receipts for out-of-pocket costs, and testimony from therapists, psychologists, or psychiatrists. Eyewitness accounts of the injury’s daily effects on the victim’s life, the victim’s pain journal, and an employer statement are also essential evidence of an injury.
Avoiding Mistakes When Injuries are Not Visible or Obvious
All injury claims require careful handling to be successful; however, when injuries are not outwardly apparent, the injury victim must take extra care for a successful claim. First, seeing a doctor and obtaining a detailed medical report as soon as possible is essential. Then, follow the doctor’s instructions carefully, fill every prescription, and attend all appointments. Avoid posting on social media until after the claim is resolved. Finally, hiring an experienced personal injury attorney is crucial. Your attorney will handle all communication with the insurance company and provide access to medical experts and other resources to prove your claim. Contact us today for a free consultation.