Call anytime: 661-414-7100 or text 661-249-9990
Santa Clarita Car Accident Attorneys - Call (661) 414-7100
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact
    • ZOOM VIDEO
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact
    • ZOOM VIDEO

Law Office of Robert Mansour

Frequently Asked Questions

How can I prove my injuries?

7/2/2017

 
When it comes to personal injury cases, you generally have to prove two things.  First, you must show that someone was negligent.  That doesn't simply mean that an accident happened.  Accidents happen all the time, and sometimes, it's no one's fault in particular.  Basically, you have to show that someone did something wrong - like blowing through a red light or turning left in front of oncoming traffic.  Once you have established fault, then you have to prove that you were injured as a result of that person's negligence.  Therefore, just because someone was negligent doesn't mean you have a claim.  You must also be injured.  Generally speaking, your injury must be appreciable or the insurance company adjuster isn't going to offer you very much. 

There is basically a continuum of injuries that can be broken down into several categories:

1) Basic soft tissue injuries (sprain/strain) that heal over time.
2) Soft tissue injuries that don't completely heal, leaving some measure of residual injury.
3) Very painful injuries that don't require surgery but aren't helped much by physical therapy and/or medication.  In some cases, pain management injections are necessary.
4) Bad injuries that don't resolve over time and surgery is recommended - but the injured party chooses to live with the pain and manage it versus having the surgery.
5) Bad injuries where the injured party actually had surgery and healed properly.
6) Bad injuries where the injured party had surgery but will still have residual issues.

So if you are injured, how can you prove it?

1) Take photos of visible injuries.  Telling the insurance company about your bruising, cuts, scrapes is good, but showing them the injuries is even better.  Also, take photos over time, showing the progress (or lack of progress) of the injury healing.

2) Soft tissue cases (sprain/strain) are very hard to prove because there is nothing to show.  You can't point to an image on an xray or other imaging tool.  You can't say, "See, there's my injury!"  Therefore, your behavior becomes very important.  If you are claiming a shoulder injury, don't post videos of yourself doing push-ups on the internet!  How the accident affects your daily life activities is the best way to "demonstrate" your injuries to others.  The severity of the impact will help others understand your injuries.  If there isn't much damage to your car, the insurance company (and most juries) won't give you much for such claims.  On the flip side, if your car has moderate to severe damage, others will more easily believe your claim of injury.  

3) If you have a tear, disc bulge, or other serious injury from the accident, you will definitely need an MRI or CT scan to prove the injury.  Negative findings will be used against you.  Positive findings will be viewed with suspicion by insurance adjusters, especially if (a) you are older than 40 years of age, (b) if you have a previous accident, or (c) previous health issues.  Folks over 40 years of age often have orthopedic issues simply due to the aging process.  Having disc bulges in your neck or back is something common, even for people who have not been in an accident.  If you are relatively young, most people won't expect such serious issues.  Therefore, if you are 21 years old and have a serious disc bulge in your neck, that would certainly be unusual.

​4) Also, if you have significant image findings and/or significant injuries, your past medical records will definitely come into play.  The insurance company will want to see your past records to see if there are any similar complaints in your past.  I hate to say this but many people try to "pull a fast one" on the insurance companies by claiming injury to body parts when, in fact, they had the same issues before the accident.  If you are interested in committing insurance fraud, please DON'T call my office! (Disclaimer: I am NOT encouraging insurance fraud!) By the same token, if your past medical history is devoid of similar complaints, that will play in your favor.  Also, if your complaints surfaced immediately after the accident, that is helpful to show proof of injury.  If the police report and/or ER records show complaints, that is helpful to your case.  In contrast, complaints that surfaces weeks or months after an accident are very difficult to connect to the accident and are often viewed with suspicion.

Proving injuries in a personal injury case is a tricky affair.  You have to use objective proof, documentation, photos, circumstantial evidence, corroborating evidence, etc.  A helpful personal injury lawyer can guide you and help you understand how to prove your injuries. 

Comments are closed.

    Categories

    All
    Alternative Dispute Resolution
    Attorneys
    Basic Speed Law
    Brain Injury
    Car Rental
    Case Value
    Claims Adjusters
    Comparative Negligence
    Damages
    Defendant
    Depositions
    Doctors
    Ear Injuries
    Fractured Patella
    Health Care
    Health Insurance
    Hearing Loss
    Injuries
    Insurance Adjusters
    Insurance Companies
    Knee Injuries
    Lawsuits
    Medical Expenses
    Medical Treatment
    Meeting With Your Attorney
    Personal Injury
    Police Reports
    Property Damage
    Proposition 213
    Punitive Damages
    Settlement
    Shoulder Injury
    Speed Limit
    Statute Of Limitations
    Value Of Case

    Archives

    November 2022
    July 2021
    April 2020
    November 2019
    September 2019
    July 2019
    March 2019
    August 2018
    May 2018
    January 2018
    October 2017
    July 2017
    May 2017
    March 2017
    January 2017
    December 2016
    October 2016
    July 2016
    May 2016
    February 2016
    December 2015
    November 2015
    October 2015
    September 2015
    July 2015
    June 2015
    May 2015
    April 2015
    February 2015
    January 2015
    November 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011

    by Robert Mansour

    Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia,
    Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding
    communities.

 Home | Attorney Profile | Practice Areas | Client Reviews | Personal Injury Blog | Personal Injury Library | FAQ 
 Videos | Directions | Google Maps | Disclaimer | Contact Us

Visit our Google Business Page | Like Us on Facebook | Our Yahoo! Business Listing | Follow Us on Twitter  
Linked In Profile | Please give us a great review on Yelp | Our YouTube Channel | BrandYourself Profile
FAQ RSS Feed |  Blog RSS Feed | Library RSS Feed | Our Bing Local Business Listing | Cornell University Listing

Office hours are Monday through Friday, 9 am to 5 pm.  By appointment.  If you are trying to reach us after hours or on the weekends, the best way is to use the form on the "Contact" page or simply send an email to info@valencialawyer.com

* The information on this website does not create an attorney/client relationship.  It is not legal advice and is presented for general informational purposes only.  Always consult with a professional when handling legal matters as the law is constantly changing.

Law Office of Robert M. Mansour, 28212 Kelly Johnson Pkwy #110, Santa Clarita, CA 91355 (661) 414-7100
Picture