How Unseen Injuries Can Impact a Personal Injury Claim

In 2022, 63 million people  in the U.S. sought medical attention for an injury. In many of these cases, the individuals may have been injured due to the fault of another party, such as a negligent driver, careless property owner or manufacture of a defective product. As a result, they may consider legal recourse to seek compensation for the harm they have suffered.

According to personal injury laws, claimants must prove that the injuries they suffered were directly attributable to the negligent actions of the defendant. However, complications can arise when the injuries sustained are hidden or difficult to detect by visible inspection. In this article, we will take a closer look at the impact that unseen injuries can have on a personal injury claim. It is often best to speak with a car accident lawyer.

What are Unseen Injuries

Unlike broken bones, cuts and bruises which are visible to the naked eye, oftentimes people sustain injuries in accidents that are not immediately apparent. These injuries include many common unseen car accident injuries such as concussion, whiplash and internal injuries. Other types of unseen injuries include:

• Traumatic brain injuries
• Soft tissue injuries
• Muscle sprains and strains
• Nerve damage
• Back injuries
• Psychological trauma

While many of these injuries show no outward signs of manifestation, they can still have a detrimental impact on a person’s life, affecting their physical health, emotional wellbeing and overall quality of life.

Proving Unseen Injuries

While providing physical evidence of an injury may complicate matters in a personal injury claim, it should not preclude an eligible claimant from receiving the compensation they deserve. To ensure their chances of successfully filing a claim against another party, clients can benefit from the following actions:

• Timely medical attention: In addition to safeguarding their physical health, seeking medical attention following an accident, even where there is no apparent sign of an injury, can serve an individual if they later decide to pursue a personal injury claim. 

A medical examination may detect signs of injury, record symptoms displayed, and document potential health concerns which may arise later down the line. A medical professional may also suggest a period of rest or a course of treatment such as physiotherapy to minimize damage to the body. By recording these matters, claimants will have a valuable body of evidence which they can refer insurers and defense lawyers to, helping to bolster their claim.

• • Attend follow-up appointments: It is important to attend all appointments and treatment plans prescribed by a healthcare professional. Not only does this demonstrate an individual’s  duty to mitigate their losses, but can also serve as evidence documenting any worsening in their condition.

• Document symptoms: By keeping a journal of their symptoms following an accident, potential claimants can provide evidence of the gradual development of an unseen injury in terms of its pain levels and ways in which it may impact their daily life. For instance, they may no longer be able to perform certain duties at work, which may negatively  impact their future earning capacity.

For further information and guidance on pursuing a personal injury claim with unseen injuries it is advisable to seek the support of an experienced personal injury lawyer.