How to Recover Compensation for “Invisible Injuries” After an Accident
The last thing you want to hear after submitting an auto accident claim is that the insurance company thinks you are lying about your injuries. Very few people walk away from an accident without some form of trauma, whether it is soft-tissue damage like whiplash or a concussion. However “minor” an insurance company thinks these injuries are, you know that they come with a high cost and can affect every aspect of your life.
You do not deserve to have your injuries dismissed as “invisible” or be told that you are faking it. You deserve fair and proper compensation after an accident, and our team at HN Injury Lawyers knows how to help you get it.
Why Was My Claim Rejected?
If you were injured by another driver in a car accident, you shouldn’t have to deal with unnecessary paperwork, arguments with an insurance company, or victim-blaming. You know how serious your injuries are and the type of pain you are dealing with. Unfortunately, our law firm has met with dozens of clients who had their claims denied because there was minor damage to their vehicles, or because an insurance company thought they were faking their injuries.
These types of accidents are categorized as MIST cases, or “minor impact, soft tissue.” The injuries can include soft-tissue damage like whiplash, sprains, strains, and back and neck pain; as well as traumatic brain injuries like concussions. To insurance companies, these injuries are “invisible,” but to you and your doctors, they are very real.
Insurance companies can save money and boost their profits by dismissing these claims, which is why your claim may have been denied if you suffered an “invisible injury.” The adjuster will either dismiss your claim or try to convince you that your injuries are so minor, they do not need compensation.
There are several ways insurance companies try to deny MIST cases:
- Make the victim or jury doubt the existence of injuries by describing them as “invisible.”
- State that the victim is lying.
- Argue that the victim had a preexisting condition.
- Claim that the victim’s injuries are not related to the accident.
- Require the victim to attend an independent medical exam (IME) that is biased in favor of the insurance company.
No Damage to Your Car? You May Still Have a Claim
One of the most dismissive ways insurers deny claims is by using car accident photos against the victims. If there is no damage to your vehicle besides small dents or scratches in the paint, they will say that you couldn’t possibly be injured and deny your claim without a second thought. If you pressure them further, they may argue that you are faking your injuries or that they are not related to the collision.
But there are several ways to beat this argument. For one, if you reported trauma, such as a blow to the head or whiplash, to a police officer at the scene of the crash, it may be included in your accident report. The word of a police officer can lend a lot of weight to your case.
The other factor to consider is your medical report. If a doctor examined you post-accident and diagnosed you with soft-tissue damage or a brain injury, then you have medical proof. The insurance company may still squabble with you, but that doesn’t mean you don’t have a claim. It just means you need an experienced lawyer to stand up for you.
Don’t Take an Insurance Company at Its Word
Our Santa Ana personal injury lawyers have more than 50 years of experience under their belts and have successfully recovered compensation for clients in MIST cases. We know exactly how insurance companies think and how to fight back. Most insurance companies hate to take cases to trial, which is why they will try to get you to agree to a small settlement. Guess what? Our lawyers are well prepared to present your case in a courtroom and advocate for full compensation from a jury.
You might be worried that the insurance company will call you a liar in court, but their lawyers will rarely take such a strong stance. Instead, they will dance around the issue and try to insinuate you are faking an injury without actually calling you a liar – that you were “malingering” by visiting a doctor. But we are prepared to counter these tactics.
Using a tried-and-tested technique called “polarizing in discovery,” we can push the insurance company’s attorney to outright say that they think you are faking your injuries. By doing this, we can expose how the insurance company views your claim. Then, we go to work supporting your injuries with expert testimony, medical reports, and other evidence. This will ultimately draw the jury to your side and allow you to recover compensation for your injuries.
Let HN Injury Lawyers Fight for You
Going head to head with an insurance company is difficult when all you want is your medical bills paid so you can move past your accident. Instead of facing them alone, let our team at HN Injury Lawyers stand up for you, just as we have for many other clients throughout Santa Ana. Call us today at (657) 333-5726 to talk about your case in a free consultation.