If you were injured in a South Bend car crash, you may be eligible to seek compensation for your medical care, pain and suffering, and more. You must prove the other driver caused the crash and prove the collision was the direct cause of your injuries.
In this article, Pfeifer, Morgan and Stesiak address the challenges of linking injuries to car accidents and the tactics insurance companies use to dispute the connection.
Our South Bend car accident lawyers have decades of experience linking injuries to car accidents and securing millions in compensation for our clients. Your initial consultation is free with no upfront costs or fees.
Call us at (574) 444-0741 to schedule your consultation.
How do Insurance Companies Dispute the Connection Between Your Injuries and the Crash?
The liable driver’s insurance company may make various arguments for why your injuries should not be linked to the collision:
You Have a Preexisting Condition
The insurance company may say your injuries existed before the accident. For example, they might argue the severe back pain you are now experiencing is simply aggravation of a preexisting injury rather than the accident itself.
You Are Exaggerating Your Injuries
Insurers often say victims’ injuries are not as severe as they claim. For instance, they might say you do not have migraines and are only suffering from occasional headaches that do not affect your quality of life.
There is an Alternative Cause for Your Injuries
The insurance company could also say that something other than the accident caused your injuries. For example, an insurance company could argue that your knee pain is the result of a recent hiking trip or a different unrelated incident, rather than the car crash in question.
What Medical Records Could Help Prove My Claim?
Your lawyer can use many pieces of evidence to support your car accident claim, but your medical records may be the most important form of evidence. Your records should include all the details of your injuries, treatments and prognosis, such as:
- Emergency Room Visits: Proof that you visited the ER immediately after the accident go a long way in validating your claim.
- Neurological Assessments: These are tests conducted by a neurologist to assess the extent of a brain injury.
- Symptoms: Your doctors should note all the symptoms you experience, including headaches, dizziness and any cognitive issues.
- Prescriptions: Your claim should include records of any medications prescribed to manage your symptoms.
- Physical Therapy Records: Documentation of any physical therapy sessions also helps show the seriousness of your injuries and your attempts at recovering.
- Follow-up Appointments: Notes and assessments from visits to your doctor to monitor progress and any ongoing issues.
- Specialist Referrals: Any referrals to other specialists, such as neuropsychologists or orthopedists.
How Could Expert Testimony Help Link Your Injuries to the Crash?
Expert testimony can play a crucial role in establishing causation in car crash claims. Medical experts, accident reconstruction specialists and other professionals can provide insights and evidence that link your injuries directly to the accident.
For example, a medical expert can explain how the accident’s impact caused your spinal injury. An accident reconstruction specialist can digitally recreate the collision to show how it led to your injuries. These expert testimonies are crucial in resolving disputes with insurance companies and proving your case in court if needed.
These experts analyze several aspects of the incident and your injuries to offer professional opinions that can be highly influential in determining the outcome of your claim, including:
- Accident Mechanisms: How the mechanics of the crash (e.g., speed, angle of impact) could have caused your specific injuries.
- Medical Causation: Directly linking your injuries to the accident, based on medical examinations and diagnostic tests.
- Injury Severity: Assessing the extent and severity of your injuries, including potential long-term effects.
- Future Medical Needs: Estimating future medical treatments, rehabilitation requirements and associated costs.
- Pain and Suffering: Evaluating the physical and emotional impact of your injuries on your daily life.
- Occupational Impact: Assessing how your injuries affect your ability to work and earn an income.
- Rehabilitation Progress: Monitoring and reporting on your progress through rehabilitation and any ongoing limitations.
- Accident Reconstruction: Reconstruct the accident scenario to demonstrate how the collision led to your injuries.
How Do Insurance Companies Dispute South Bend Injury Claims?
Insurance companies aim to minimize payouts and maintain their bottom line. It is common for them to dispute injury claims, even when there is clear evidence of your injury. They may argue that your injuries are not as severe as you stated and assume you have preexisting conditions or that they were exacerbated by factors unrelated to the accident.
Insurance companies often support their arguments in the following ways:
Surveillance
Video footage can capture activities that appear inconsistent with your claimed injuries. This can lead to arguments that your injuries are not hindering your daily life, such as your ability to work.
Even your social media posts can be used against you. Insurers may monitor your social media profiles to find pictures or videos of you engaging physical activities, or going on vacation or to social events that appear inconsistent with your claimed injuries.
Medical History Review
Insurers may scrutinize your prior medical records to find evidence of similar complaints or conditions before the accident, claiming your injuries existed beforehand.
Doctor’s Testimony
Insurance companies often bring in their own medical experts to testify that your injuries are more likely related to preexisting health issues rather than the accident.
To counter such disputes, you need detailed medical documentation and the support of medical experts who can attest to the fact that your injuries are truly a result of the car crash.
Did the Insurance Company Deny Your Claim? Call Our Experienced South Bend Law Firm
You do not have to navigate this challenging process alone. Our team at Pfeifer, Morgan, and Stesiak is here to help you every step of the way, including by gathering detailed evidence of your injuries and the value of your damages.
Our firm has decades of experience and a proven track record of recovering millions for our clients. We are committed to fighting for your rights and ensuring you receive the compensation you deserve.
Contact us today for a free consultation. Call now: (574) 444-0741.
