In the U.S., preventable injuries are at their highest level ever, ranking as the third leading cause of death after heart disease and cancer. Approximately one in five people in the U.S. sought medical attention for an injury in 2022, according to the National Safety Council (NSC).
While many common causes of injury occur through no fault of another, in other cases the injury may have been preventable if not for the negligence or wrongful actions of a third party. In these instances, the law provides a legal framework under tort law where the injured party may recover compensation for their injuries and losses.
Unfortunately, claimants in personal injury claims may encounter difficulties when their injuries are invisible or difficult to detect. In this article, we will discuss how invisible injuries can affect a personal injury claim.
What is an Invisible injury?
Unlike cuts, bruises and fractures which are easier to detect, when a person is injured the injuries sustained are often not so apparent, and can even go unnoticed. Common types of invisible injuries include:
- Soft tissue injuries
- Muscle and tendon sprains and strains
- Concussion
- Nerve damage
- Back injuries
- Traumatic brain injury (TBI)
While injuries like these can display little to no outward signs, they are still capable of having a significant and long-lasting impact on an individual’s health and well-being. For more information on pursuing a personal injury claim it is advisable to contact an experienced law firm such as Blumenshine Law Group.
Proving Invisible Injuries
Presenting evidence of an injury is key to securing fair compensation in a personal injury claim. While claimants with invisible injuries are not prevented from pursuing a claim they should take the following measures to improve their chances of success:
- Prompt medical attention: Aside from protecting their physical health and well-being, claimants who seek prompt medical attention following an accident, despite no immediate signs of injury, can help strengthen a subsequent claim.
Upon examination, a medical professional may identify the injury or reveal symptoms or other potential health concerns that may develop over time. They may also recommend recovery time or suggest treatments such as physical therapy or certain exercises to improve flexibility or range of motion. A medical record of these examinations and the advice given can provide claimants with evidence of their injury and a strong argument to counter any disputes from insurers regarding the validity or severity of their condition.
- Follow-up appointments: Claimants with invisible injuries can improve their chances of success by attending any follow-up appointments to monitor their condition and follow their doctor’s recommendations regarding their treatment plan. Not only will this safeguard their health but also demonstrate their duty to mitigate their damages. Under this legal doctrine, a claimant must show that they took all reasonable steps to prevent the worsening of their condition, preventing them from inflating their claims unnecessarily.
- Record-keeping: Evidence of an invisible injury can be presented by a claimant recording their symptoms after an accident. This could include increasing pain levels or difficulties carrying out everyday tasks or work duties which could adversely impact their future earning potential as well as their quality of life.
By following these steps, individuals can better prepare themselves for a potential personal injury claim following an accident.
