Filing a Hidden Injury Claim in a Car Accident

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When you file an accident injury claim, you certainly file injuries that are noticeable right after the accident.  These include injuries such as broken bones, bruises and cuts that are visible when the doctor sees you shortly after the accident.  Even injuries that appear a few hours after the accident, such as concussions, are often recognized and reported on accident injury claim forms.  What you may not report on those claim forms are injuries that do not manifest themselves until much more time has passed.

Hidden Injuries

Hidden injuries are the types of injuries that do not appear immediately, but can still be quite significant.  These include the following types of injuries:

  • Damage to muscles
  • Damage to ligaments
  • Soft tissue injuries
  • Osteoarthritis
  • Other types of medical injuries not appearing on an x-ray or via other testing that is done at a hospital after the injury has taken place

What to Do If You Suspect a Hidden Injury

If you believe you are suffering some form of hidden injury after the accident took place, you should see your doctor and let him/her confirm that you have this hidden injury.  Then ask your doctor what are the chances that the accident you were involved in could have caused this hidden injury.  If your doctor believes that the accident did lead to your hidden injury, you should file a claim with your insurance company for the costs and suffering associated with that injury.

The first step to filing a claim for a hidden injury is to discuss the matter with your attorney.  You should note that these types of claims are difficult to prove because they are so controversial.  However, this should not dissuade you from filing the claim if it is appropriate. 

The best chance of proving your claim is to have medical documentation.  Specifically, you should have your doctor produce your health records before the accident and after the accident.  You should also have documentation of all medical bills, including bills for medication you are taking to deal with the pain from that hidden injury. 

In addition, any exams, tests and legal documentation from similar cases to your own should be presented in court to a judge and/or jury to help prove that your claim is a legitimate one and a claim that you should win.

Attaining Legal Help

Proving hidden injuries in an accident injury claim is a challenging matter.  An established and experienced personal injury attorney can clarify the laws that apply to your specific case, help gather the evidence necessary to prove your claim, and present the strongest possible case so that you win your claim and receive the compensation you deserve for your hidden injury or injuries.

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