Back and neck injuries are frequently sustained in truck and car accidents. Unfortunately, these injuries are frequently minimized by insurance companies when a claim is made in order to pay less in a settlement.
Insurance adjusters often dismiss such injuries as being extremely minor, referring to them as “whiplash,” “soft tissue injuries,” or “muscle strains.” However, unlike a broken bone that can often be cast with full recovery, injuries to the structures of the back and neck can be very persistent and the healing process can be long and difficult, and sometimes even permanent. Receiving proper legal advice as well as proper medical care is crucial.
If there is anything that our over 100 years of combined experience handling car accident insurance claims has taught us, it is that each injury to the back or neck is different. The forces involved in the impact, the susceptibility of the injured victim, the type of treatment needed, and the length of time to fully recover varies substantially in each situation.
A common tactic of insurance companies is to claim that a back or neck injury is pre-existing because the x-rays show “degenerative disc disease” or “arthritic changes” which pre-existed the accident. Do not be fooled by this deceptive insurance tactic.
Most people over a certain age have degenerative changes in their spine. Underlying degenerative conditions, disc herniations, or disc bulges make an individual more susceptible to injury in a traumatic motor vehicle collision. As such, an older person will often experience more significant pain and persistent injury from vehicular trauma than a teenager.
The fact that an individual has underlying arthritic changes in their spine does not relieve the insurance company of their responsibility for the damage, pain, and life disruptions caused by the trauma of the accident. The fact that an individual might be susceptible to back injury is not legally a valid defense or excuse to avoid responsibility, but insurance companies often try to do exactly that.
If you have a back or neck injury from a car accident, it is important to seek competent legal advice early in the process. Remember, getting us involved early in the process does not cost more. Instead, when we are involved early in the process, we are able to ensure that the client receives the proper medical care recommended by their physicians, that the care is paid for on a timely basis, that the injuries are properly documented, and that any mistakes are avoided.
In these ways, our representation ensures the client of timely and appropriate medical care as well as thorough documentation to ensure fairness in the insurance claim process. The vast majority of our clients also express that our friendly and attentive attorneys and legal assistants take a great deal of stress and pressure off their shoulders and allows them to focus on their medical recovery. Call us today for a free insurance claims consultation.