How to Prove a Car Accident Is Responsible for an Injury

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If you are injured in a car accident, then you might think submitting an injury claim with an insurance company would be simple and straightforward. However, many accident victims are surprised when insurance companies push back against their injury claims, and even assert that the injuries suffered are from something else.

Legal teams from insurance companies will do everything they can to avoid being held responsible for car accident injuries. It is important that you understand this and approach your claim from that starting point.

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It Is Possible an Accident Did Not Cause or Create More Damage to an Injury

While most people seek accident claims for the right reasons – because they were hurt in a car accident – there are some who attempt to use an accident as an opportunity to have an insurance company pay for treatment of previous injuries or ailments. Insurance companies are aware of this, so they typically require proof that injuries were due to a car accident before they’ll provide compensation.

If you had a previous injury or chronic pain, then it may be difficult to receive payment unless you can demonstrate that the injuries in your claim were caused by the car accident. While injuries that remain unchanged after an accident may not be eligible for compensation, any pre-existing condition that was made worse or aggravated by the accident should be covered.

A personal injury attorney can help you prove your claim, if the insurance companies are questioning your injuries.

Injuries That Insurance Companies Typically Question

There are certain types of injuries and conditions that are common, even when not related to car accidents. If you are claiming an injury that falls into one of these categories, then you will likely see strong pushback from the insurance company against your case.

Common injuries that insurance companies will question include:

  • Frequent headaches or head pain
  • Neck stiffness or neck pain
  • Arthritis
  • Bursitis
  • Torn ligaments
  • Back pain
  • Minor spinal cord damage
  • Joint sprains, including ankle and wrist sprains
  • Burn injuries

This is not a complete list of injuries that insurance companies will question, as they will typically argue against any injury claim that is made. If an insurance company is able to demonstrate that you did not suffer your injury because of a car accident, then they can avoid liability and compensating you for your injuries.

Injuries Insurance Companies May Not Question

While you should expect insurance companies to question and push back against most claims, there are some injuries that are more clearly and obviously caused by a car accident.

Some of the most common injuries that insurance companies may not questions include:

  • Direct fractures
  • Gashes, scrapes, or cuts to the skin
  • Severe spinal cord damage, including paralysis
  • Any internal organ damage
  • Death

If you or a loved one have suffered one of these more direct injuries, then you likely have a stronger claim against an insurance company for damages.

Even if the insurance company does not question these injuries, it is important that you get full value for any damages you suffered so you don’t leave money on the table. An experienced car accident attorney can help ensure that you get all the compensation that you are entitled to.

What Can Prevent an Insurance Company from Questioning Injuries

There are many situations that may prevent or dissuade an insurance company from questioning your injuries. How you present your case is vital to your financial recovery.

Insurance companies will often ask specific questions about your accident to determine whether any push back on the claims may help them avoid paying. Some inquiries an insurance company is likely to make include:

  • Was your accident severe? Insurance companies know that the worse an accident is, the higher the potential liability will be. Expect insurance companies to offer less resistance to minor accidents.
  • Do the injuries make sense? If you are claiming a burn injury from an accident where there was no fire or airbag deployment, then you will have some explaining to do to get the insurance company to accept your claim. If your injuries are consistent with what happened in your accident, then the insurance company will be less likely to refute your claim.
  • Was your vehicle damaged and, if so, how badly? If your vehicle suffered no damage in an accident, then don’t expect the insurance company to simply accept your claims of physical damages and injuries.
  • Did the accident occur at a high speed? If your accident took place on a highway where higher speeds are required, then severe injuries will make more sense in a claim. But if your injuries resulted from an accident in a residential neighborhood where you typically drive slowly, then insurance companies will typically question severe injury claims.

These are just some of the questions that an insurance company will ask when they are examining an injury claim. You will likely need a lawyer’s help to hold an insurance company responsible for your injuries suffered in a car accident.

How Lawyers Prove the Injuries Were Caused by the Accident

Lawyers can use many different tactics to prove that your injuries were actually caused by the accident in question.

One major piece of evidence that can be used is your medical history. Your medical records will reveal whether you had any pre-existing health conditions and to what extent. If you get a physical exam annually, then your health conditions and any injuries should be documented.

In attempting to demonstrate how the accident caused your injury, a lawyer can also use photos, witness statements, and doctor testimony to prove that you deserve compensation.

Who Pays If the Insurance Company Proves the Accident Was Not Responsible for the Injuries?

If it is found that the car accident in question did not cause your injuries, then the insurance company will not be held liable for paying for any treatment, even if the other driver was at fault.

If this happens, then your only recourse will be your own private health insurance to cover your medical expenses. If you do not have private medical insurance, then you may be on the hook for all of your medical bills.

What If a Pre-Existing Condition Worsens Because of the Car Accident?

If you had a pre-existing condition that was made worse or aggravated because of a car accident, then you may still be eligible for compensation.

An old statement in law is, “You take the plaintiff as you found him.” This means that even if you had a previous condition, but it was made worse or required additional treatment because of the accident, then you could be compensated for your injuries.

Personal injury lawyers will work to prove that your injuries were made worse by reviewing and explaining all current and past medical reports related to the injury. They will then have to demonstrate to the insurance company or court that your previous condition has become more severe because of the accident in question.

Does a Person’s Age Encourage an Insurance Company to Question an Injury?

Car insurance companies will almost always question their liability in a car accident, regardless of the victim’s age if they believe they can avoid paying a claim.

However, if a young, healthy teenager is injured in an accident, then it may not raise red flags to an insurance company. They also know it’s unlikely that they can blame a young person’s injury on pre-existing conditions.

On the other hand, if an older person is injured in a car accident, then insurance companies will likely question the injury in an effort to try to prove they were caused by something else.

Why Hire a Lawyer to Prove Injuries?

Insurance companies have big legal teams on their side that are relentless and will always work to reduce compensation to injury victims. It is important to level the playing field with your own experienced personal injury attorney.

The lawyers at The Millar Law Firm will use any legal methods available to back up your injury claim. Our lawyers are effective at demonstrating the compensation you deserve and have the track record to prove it.

If you have questions about your car accident case, then give us a call at The Millar Law Firm so we can help.

Consultations Are Free at The Millar Law Firm

If you or a loved one has suffered an injury in a car accident, then make sure you seek the advice of an experienced personal injury lawyer.

We can help. Call The Millar Law Firm today at (770) 400-0000 or contact us online to set up a free consultation with one of our attorneys.

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