Can a lawyer prove a car accident caused my nerve damage?
That’s one way to look at it. But a lawyer doesn’t
necessarily try to “prove” that a certain injury resulted from a car accident
as much as they take all necessary steps to put you in the best possible
position to get a satisfactory outcome for your injury claim.
So, if you’re experiencing numbness, a burning sensation, or
other indications of nerve damage after a car accident, the first thing a
lawyer will do is make sure that you get immediate and thorough medical
care. Any injury claim needs to be supported by proof that the claimant
sought and received medical treatment for the specific injuries that were
caused by the accident. That means having medical records that document the
type of care received and the treating health care professional’s findings and
observations, plus itemized bills that show how much each procedure,
examination, and visit cost. (More: Checklist
of Records to Gather After a Car Accident.)
In this way, it’s more your doctor who will “prove” that any
nerve damage you’ve suffered can be tied to your car accident. When you
describe to your doctor how the accident happened, which parts of your body are
injured, and the symptoms you’re experiencing, he or she will be able to make
an educated diagnosis of those injuries and whether they are typically
associated with a car accident.
Another factor that may come into play here is whether or
not you have any kind of pre-existing condition that could be to blame for your
nerve damage. You don’t need to produce every medical treatment record or bill
you’ve ever received to show that you’ve never experienced nerve damage in the
past, but be prepared to refute any such accusation from the insurance company.
Insurers like nothing better than to point to an alleged pre-existing condition
as justification for making
a low-ball settlement offer or denying a car accident injury claim altogether.
by: David Goguen, J.D.