Are Back Injuries Hard To Prove In Personal Injury Claims Cases?

In many personal injury cases or vehicular accidents, injuries in the back and neck are often hard to prove. Most insurance companies will do their best to defend and take a hard stance for these kinds of claims.

This is because many people have lived their lives before the accident has happened. With this said, there may already be some wear and tear to their spine that is referred to as degenerative changes. The wear and tears can be tracked with MRI or other diagnostic tests, and many insurance companies will argue that the aches and pains in your back are because of these “existing” changes in your body.

If you are in Ireland and need help in winning cases regarding your back, then it’s better to consult a solicitor first before you talk to your insurance company. They will let you know if your back injury claim is valid and whether you have a higher chance of winning. Fortunately, if you haven’t consulted with a doctor regarding any pain in your spine and back, the argument of degenerative changes may be a useless one.

The problem is that the accident made your neck and back become a burden and a problem. Your hospital stay was costly, and there are various kinds of medication that you need to take before finding relief from back pain. The key to winning this kind of case is comparing the before and after of the symptoms and medical treatments you have made for the past few weeks.

Pre-Existing Conditions

In many difficult situations, there are times when you checked with a doctor to know what causes the pain that resulted in a few sleepless nights over a few days. If you are already experiencing problems with your neck and back before the accident, then there’s a need to compare them before, during, and after the injury. 

You may need to determine if your pre-existing condition has become worse over a few days. You can read more articles about pre-existing conditions on this site here. Have an exact comparison of the before and after-effects. If you feel that the initial symptoms are getting worse, you need to know the precise date of when you have last seen the doctor for this particular medical condition. 

The longer is the length of your visit, the more you can prove that you were doing fine until this accident happened. The symptoms reappeared once again, and you instantly needed medication or a hospital stay to find relief. You may consult with a qualified solicitor to know more about the things that you can do regarding your condition.

In many countries in Ireland, some laws can consider your back or neck, especially if they are affected after an accident. Some will rule out that the parties at fault are partly or wholly responsible for your condition that has worsened after the accident.

You can utilize some of the excellent methods to prove that the accident worsened your back condition. You may have gone to a doctor for a while, and this is an expert who is in good standing in your area. The doctor will provide a comprehensive report on the comparison of the before and after in your case. 

If you happen to undergo an MRI before the accident occurred, you can rely on the neuroradiologist or specialists to compare the two films. They will provide the courts or the board with the findings and conclusions.

If the trauma has worsened in the spine due to an injury related to your accident, then the specialists are the right people who can supply proof. You can learn more about back injuries in this link here: https://www.healthdirect.gov.au/back-injuries.  They can serve as witnesses, and they can give detailed observations of what happened. There’s also a comparison of your physical capabilities, and they will have seen significant changes in your activities, work, and daily life before and after the accident. 

A Final Word

You don’t have to face medical bills, trauma, and sadness alone. Fortunately, you can make claims against the other person if you know that you deserve compensation. Back injuries may be challenging, but it’s still possible to prove that your spine got affected because of a mishap in work or the fault of a drunk driver. You have to get the right solicitor that can help you win your case to get the compensation you deserve.