Proving Unseen Injuries in Orange Accident Injury Lawsuits
Learn About Invisible Injury Personal Injury Cases
Proving Unseen Injuries in Orange Accident Injury Lawsuits – Unseen injuries, also known as invisible injuries, are those that are not externally visible to a jury. Rather than bruises, cuts, gashes and amputations, the injury victim instead sustains some form of internal injury that is unseen upon initial visible inspection. Some examples of unseen injuries include traumatic brain injury, whiplash, herniated discs in the back and neck, torn ligaments and sprains and strains. Many of these unseen injuries are critical in nature. This means that they can be life threatening, more debilitating and even more serious than seen injuries. Many require invasive and technologically advanced testing to discover and surgery to correct or relieve the condition. This blog takes a look at the basics needed in proving unseen injuries in Orange accident injury lawsuits.
Proving Unseen Injuries in Orange Accident Injury Lawsuits
Proving unseen injuries in Orange accident injury cases is a very hard craft. Unseen injuries are those types of personal injuries that are not externally visible to a jury. In order to prove the nature and extent of unseen injuries, a specific set of attorney skills must be utilized to put the case together. Therefore, it is imperative that an injury victim hire an orange accident injury law firm that has extensive experience and success in the courtroom. That's where The Napolin Law Firm comes in with the big guns. Mr. Napolin and his teem know about the unseen injuries sustained in car accident cases and how to go about documenting those injuries to prove up their value to the jury. Get a free consult with him the same day when you call our Orange County office. 714-451-2006!
Immediate diagnosis and treatment is of critical importance because unseen injuries must be tied to the accident. Since they are not readily visible, such as a broken arm, bruises and lacerations, picture documentation often does not exist at all. Furthermore, these types of injuries can go unnoticed for some time. Back pain can creep up days or even weeks after a rear end collision. Brain damage via trauma from a traffic accident may arise later in the form of headaches, nausea and loss of cognitive function. It is therefore critical that anyone who suspects they have unseen or invisible bodily harm to seek medical attention or testing. Even the slightest sign of a traumatic brain injury or joint or back/neck pain should be documented by a medical professional as soon after the car wreck as possible. This could be at an emergency room, urgent care, primary treating physician or local chiropractor.
Traumatic Brain Injury TBI
A traumatic brain injury is considered a catastrophic type of head injury. It is not necessary to fracture the skull in order to sustain this type of harm to the brain. A TBI arises from sudden force to the skull, leading to significant and life-long brain damage and loss of cognitive function.
Traumatic brain injury can be sustained in a variety of different accident scenarios, usually arising when the head makes forced contact with an object or the ground. In severe motor vehicle accidents, the head can strike flying objects in the car, hit the window or hit the steering wheel. In cyclist, motorcycle and pedestrian accidents, the victim's head can strike the ground with significant force. When these things happen, the likelihood of TBI and long-term damage is high.
There are several issues that come along with TBI. Concussions, brain bleeding and other medical conditions can result in long and short term memory loss as well as psychiatric issues and slower brain function. When the condition is severe, long term care in home or at an assisted living home may be required, as well as hospitalization for long periods of time. The damage truly can and often does last a lifetime.
Two types of witness evidence is necessary to prove the nature and extent of a traumatic brain injury case. Lay testimony from the plaintiff can be used to describe the lost ability to engage in activities of daily living. When the cognitive function is so disrupted however, family members and friends may need to come to testify before the jury to describe the situation accurately. Lay witnesses are people who have no expert understanding of the medical condition. They are just people who have witnessed its effects. They pain the picture for the jury to understand just how bad things are even though the injury is invisible to the naked eye. By comparing how someone was before and after the accident, the jury can get a good understanding of the extent of damages to take into consideration.
Beyond regular witnesses, expert doctor testimony from medical professionals is absolutely essential. These experts can include but are not limited to physicians, physical therapists and psychologists is introduced to prove the care needed to treat the TBI. These witnesses are used to prove the type of care and expense that will be incurred for that care so that the jury knows how much to award the plaintiff in the form of damages.
Soft Tissue Injury
Soft tissue injury is another type of unseen or invisible injury. It requires physical examination and MRI to prove. Soft tissue injury can be quite serious even though unseen to the naked eye, including the need for surgery. A herniated disc, torn ligament, or other type of torn cartilage may require minimally invasive or highly invasive surgery to relieve lost range of motion and nerve issues.
To prove a soft tissue Orange County injury insurance claim or lawsuit caused by a car accident or other type of personal injury negligence, subjective complaints along with objective tests must be obtained. These should be obtained soon after the incident giving rise to the injury. Once obtained, the extent of damage can be measured and expert medical doctors can be brought in to testify as to the nature of the injury and the necessary care to treat it now and in the future. Combined with testimony of the victim as to their limitations and pain due to the soft tissue injury, the jury is given the facts necessary to calculate the compensation for this invisible injury.
Call An Orange Car Accident Attorney for Immediate Help
If you have been involved in any form of automobile accident in Orange, the insurance carrier will be a formidable adversary. It is necessary that you get the best on your side to combat the adjuster and get the guidance needed to get medical attention and prove your case. At The Napolin Law Firm Orange County car accident office, we do all the work. Our team collects the right combination of lay and expert witness testimony to prove your injuries to the insurance claims examiner and in court before a jury if needed to achieve results.
Proving Unseen Injuries in Orange Accident Injury Lawsuits is not always so easy. Do not delay, speak directly with a powerful injury team of Orange County attorneys. Our trial lawyers are standing by to evaluate your case, give you guidance and take on representation of serious and catastrophic traffic collision cases.