When pursuing a personal injury claim, proving the extent and legitimacy of certain injuries can be challenging. Unlike visible injuries such as broken bones or severe lacerations, some injuries lack obvious physical evidence, making it harder to establish their severity and impact.
In a personal injury case, the insurance companies and legal teams of the defendants may scrutinize the injuries and question their validity. For a successful personal injury claim, you should get representation from an experienced personal injury lawyer.
Traumatic Brain Injuries (TBIs) Without Visible Symptoms
Challenges in Proving TBIs
- Mild traumatic brain injuries (mTBIs) such as concussions sometimes don’t appear on standard imaging tests like CT scans or MRIs.
- Symptoms like memory loss, headaches, mood changes, and cognitive impairment can be subtle and delayed.
- Defendants may argue that these symptoms are due to pre-existing conditions, stress, or psychological issues rather than the accident.
Evidence to Strengthen the Claim
- Neuropsychological evaluations
- Testimonies from neurologists, psychologists, and family members
- Advanced imaging techniques
Whiplash and Soft Tissue Injuries
Challenges in Proving Whiplash
- Whiplash primarily affects muscles, ligaments, and tendons, which may not appear on X-rays or standard MRIs.
- Symptoms like stiffness, neck pain, and headaches can take days to develop, making it easier for insurers to claim they’re unrelated to the accident.
- Soft tissue injuries are highly subjective, relying largely on patient-reported pain levels.
Evidence to Strengthen the Claim
- Medical records documenting complaints of pain
- Physical therapy records and chiropractic evaluations
- Motion tests and diagnostic ultrasounds
Chronic Pain and Nerve Damage
Challenges in Proving Chronic Pain Syndromes
- Conditions like Complex Regional Pain Syndrome (CRPS) or neuropathy lack definitive diagnostic tests.
- Pain levels are subjective and difficult to quantify, leading insurers to dispute their severity.
- Symptoms can fluctuate, making it harder to establish a consistent pattern of impairment.
Evidence to Strengthen the Claim
- Electromyography (EMG) or nerve conduction studies
- Pain journals
- Statements from pain management specialists
Psychological and Emotional Injuries (PTSD, Anxiety, Depression)
Challenges in Proving Mental and Emotional Trauma
- Unlike physical injuries, emotional distress and psychological disorders cannot be seen on an imaging scan.
- Symptoms such as anxiety, depression, or post-traumatic stress disorder (PTSD) can be subjective and may predate the accident.
- Insurance adjusters often dismiss these claims as exaggerated or unrelated.
Evidence to Strengthen the Claim
- Psychiatric evaluations and therapy records
- Testimonies from mental health professionals
- Affidavits from family, friends, or coworkers
Internal Injuries Without Immediate Symptoms
Challenges in Proving Internal Damage
- Injuries such as organ damage, internal bleeding, or ruptured blood vessels may not present immediate symptoms.
- A delay in diagnosis can give insurers grounds for questionable liability, and they may argue that the injury wasn’t caused by the accident.
- Victims may underestimate their condition and avoid medical treatment, weakening their claim.
Evidence to Strengthen the Claim
- CT scans, MRIs, and blood tests
- Surgical records or autopsy reports in fatal cases
- Medical expert testimony
Evidence Our Lawyers Use in Hard-to-Prove Injury Cases
At Gingras, Thomsen & Wachs, our experienced personal injury attorneys know the medical and legal process of proving injuries. We may work with top medical professionals to collect, analyze, and present compelling medical evidence to prove personal injury claims.
Hospital and Emergency Room Records
Why This Evidence Matters
- Hospital records provide an immediate and objective account of your injuries, linking them directly to the accident.
- They contain physician observations, diagnostic tests, and initial treatment details, which can establish the severity of the injury.
- ER records document symptoms reported at the time of the accident, countering insurance claims that symptoms appeared later and are unrelated.
Key Documents We Collect
- Emergency room admission and discharge summaries
- Physician’s notes detailing the injury assessment
- Diagnostic tests ordered, such as CT scans, MRIs, and x-rays
- Medication prescriptions for pain management
Diagnostic Imaging and Advanced Medical Testing
Why This Evidence Matters
- Many invisible injuries, such as herniated discs, nerve damage, and soft tissue injuries, may not be evident through standard imaging like X-rays.
- Advanced diagnostic tests can reveal hidden injuries that insurance companies may otherwise dispute.
- Objective imaging helps our skilled personal injury lawyer counter insurance tactics that suggest injuries are exaggerated.
Advanced Tests We Collect
- MRI Scans (Magnetic Resonance Imaging): Can be used to detect soft tissue injuries, brain trauma, and back injury
- CT Scans (Computed Tomography): Helps assess internal bleeding, organ damage, and bone fractures
- Diffusion Tensor Imaging (DTI): Specialized MRI for detecting microscopic brain injuries
- Electromyography (EMG) & Nerve Conduction Studies: Used to diagnose nerve damage and chronic pain syndromes
- Functional MRIs (fMRI): Can demonstrate brain function impairments from traumatic brain injuries
- Ultrasounds for Soft Tissue Damage: Helps document ligament and tendon injuries not visible on standard MRIs
Physician’s Treatment Records and Progress Notes
Why This Evidence Matters
- When you seek medical attention immediately, the series of medical records can show how an injury has progressed over time.
- Notes from treating physicians provide expert opinions on long-term prognosis and necessary medical care.
- These records counter claims by insurance adjusters that injuries are minor or unrelated to the accident.
Key Documents We Collect
- Doctor’s examination notes and follow-up visit summaries
- Pain management treatment plans, including prescribed medications and therapies
- Medical recommendations for surgery or long-term care
Medical Expert Testimony and Independent Medical Examinations (IMEs)
Why This Evidence Matters
- Expert testimony from neurologists, orthopedic surgeons, pain specialists, and other medical professionals strengthens claims of hard-to-prove injuries.
- Independent medical examinations (IMEs) provide an objective second opinion, helping to validate injury claims.
- Medical experts can clarify how the injury was caused by the accident and refute insurance claims that it was pre-existing.
Key Experts We Work With
- Neurologists: To diagnose traumatic brain injuries and nerve damage
- Orthopedic Surgeons: To assess fractures, spinal injuries, and joint damage
- Pain Management Specialists: To confirm chronic pain conditions and the need for long-term treatment
- Neuropsychologists: To assess cognitive impairment from brain injuries
- Physical Therapists: To document functional limitations and ongoing rehabilitation needs
Pain and Suffering Documentation
Why This Evidence Matters
- Unlike physical injuries, pain and suffering are subjective and require strong documentation to prove their impact.
- Detailed records show how the injury has affected your daily life, mental health, and overall well-being.
- This evidence strengthens claims for non-economic damages, such as emotional distress and loss of enjoyment of life.
Key Documents We Collect
- Pain Journals: A daily log of pain levels, mobility issues, sleep disturbances, and emotional distress
- Psychological Evaluations: If applicable, reports from psychiatrists or therapists diagnosing PTSD, anxiety, or depression related to the accident
- Testimony from Family and Friends: Statements describing how the injury has impacted relationships and quality of life
Rehabilitation and Physical Therapy Records
Why This Evidence Matters
- Long-term rehabilitation records demonstrate the ongoing struggle of recovery.
- They prove that an injury isn’t minor and requires significant effort to regain function.
- These records show how mobility, strength, and overall physical health have been affected.
Key Documents We Collect
- Physical therapy progress reports
- Occupational therapy assessments for work-related limitations
- Assistive device prescriptions (e.g., crutches, braces, wheelchairs)
Prescription Records and Pain Management Plans
Why This Evidence Matters
- Prescription medication records demonstrate the severity of pain and the need for medical intervention.
- Insurance companies may claim injuries are minor; pain management prescriptions refute these claims.
- Long-term opioid or nerve pain medication prescriptions indicate chronic pain issues.
Key Documents We Collect
- Pharmacy records showing prescribed pain medication
- Medical records detailing injections, nerve blocks, or surgical pain management treatments
- Letters from pain management specialists supporting the need for continued treatment
Functional Capacity Evaluations and Disability Assessments
Why This Evidence Matters
- Functional capacity evaluations (FCEs) assess an individual’s ability to perform work and daily activities post-injury.
- Disability assessments help establish whether an injury has resulted in partial or total disability.
- These reports counter insurance claims that an injury does not impact earning capacity or daily function.
Key Documents We Collect
- Functional capacity test results
- Disability determination reports from Social Security or private disability insurers
- Vocational expert testimony assessing job limitations
Get Strong Legal Representation from Our Personal Injury Lawyers
If you or a loved one has suffered an injury that’s difficult to prove, don’t let the insurance company dismiss your claim for medical expenses, lost wages, pain and suffering, and out-of-pocket expenses. Reach out to our personal injury attorneys at Gingras, Thomsen & Wachs as soon as possible. To schedule your free consultation, call us at 855-954-1186 or contact us online.
