Proving Soft Tissue Injury After A Car Accident
Posted on: 7 September 2018
Soft tissue injuries aren't always visible to the naked eye so you may have a problem proving their existence after a car accident. However, this doesn't mean that you are doomed if soft tissue injuries are the only ones you have suffered. Here are a few tips to use in conjunction with an accident attorney to prove your injuries and get the compensation you deserve:
Documentation of Medical Treatment
In any type of car accident, medical records are some of the strongest forms of evidence you can have for your claim. However, your medical records are even more important when dealing with soft tissue injury claims. While the court may be able to see external injuries or fractures, there is no way they can know about your muscle injuries if they are not present in your medical records. Your medical records will show all the tests your doctor took to prove the injuries you are claiming.
Eyewitness and Expert Witness Testimony
You may also need testimony from both eyewitnesses and expert witnesses to prove your soft tissue injuries. The eyewitnesses will testify as to how the accident happened, and the expert witness will explain how such an accident could and usually leads to the injuries you are claiming. For example, if you are claiming a whiplash injury after a rear-ended collision at high speed, the eyewitnesses will testify that the accident occurred in the way you claim and the expert witness will testify that a rear-end collision at that speed can cause whiplash.
Case Precedents
If there have been similar cases in the past, then you can use them to show that your claims are consistent with the damages awarded to the victims of other, similar accidents. Consider a case with two or three accident cases in the past where the victims were compensated for whiplash after getting hurt in rear-ended accidents. If you were also hurt in such an accident, you can use the past cases to prove that the damages you are claiming are consistent with the case precedents.
Eyewitness Testimony on Effects on Your Life
Lastly, you may also prove your soft tissue injuries by showing how the injuries are affecting your life. Maybe you have missed school or work, you can't perform your house chores as well as you used to do, and you have been needing significant bed rest. You may be able to prove your soft tissue injuries if you can have some eyewitnesses to testify to these things.
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