Why Are Back Injuries After a Car Crash Difficult to Prove in South Bend?

Back injuries resulting from car crashes create many challenges for victims seeking compensation for their medical costs and other losses in South Bend. These injuries are often not visible, external injuries, which makes them harder to prove than obvious injuries like broken bones or visible wounds.

At Pfeifer Morgan & Stesiak, our South Bend car accident attorneys have decades of experience helping injured victims throughout South Bend, including complex crash claims. When our knowledgeable legal team manages your case, we know how to build a compelling case with the evidence you need. We want you to be able to focus on healing and getting back to your life. Contact us today for a free case review. Alternatively, you can fill out our confidential online case form to have one of our lawyers reach out to you within 24 hours.

Request a FREE case review today. Call: (574) 444-0741

What Makes Back Injuries Different from Other Crash Injuries to Prove?

Sustaining a back injury in a car crash is significantly different from other types of injuries that may occur in a traffic accident.

Unlike broken bones that show clearly on X-rays or cuts that leave visible scars, back pain and other back injuries are harder to detect. Back pain due to soft tissue damage or muscle strains are often harder to prove since they may not be visible in a diagnostic test.

Sometimes back pain or other back injuries caused by the impact of a crash may not be immediately apparent. Inflammation continues to increase in the body over days and weeks after the initial damage. A victim may think they have a mild strain and sprain in their back when they really may have more severe damage.

The spine contains multiple complex parts, including vertebrae, discs, muscles, ligaments, and nerves. When a crash occurs, victims risk suffering spinal damage that develops gradually over time.

The combination of “invisible injuries” and delayed symptoms often result in diminished or denied back injury claims when not managed by an experienced lawyer.

How Do You Prove Your Back Injury Came from a Car Crash in South Bend?

Right after your crash, we strongly recommend you seek immediate medical attention. To start with, your health and overall well-being is the priority. Getting a full medical examination after a car accident rules out any serious or potentially life-threatening internal injuries. Even if what you have is a “sprain and strain,” soft-tissue injury, or even aggravation of a pre-existing back injury, getting proper medical care helps your body and your legal claim.

All treatments, including those after a car crash, are documented in your medical records, creating the critical connection between your back injury and the crash that caused it. Even if you feel fine initially, it is important to remember that many injuries, including back or spinal injuries may not fully develop symptoms for hours or even days after the collision. Waiting to seek medical care creates a time gap between the crash and when you went to the ER. This delay gives insurance companies room to argue that your back injury was caused by something else and not the car crash.

Strong evidence for your back injury claim includes:

• Immediate Medical Records: Emergency room visits, physician examinations, and diagnostic test results that document your initial condition.
• Consecutive Medical Documentation: Follow-up appointments that show how your back injury developed and worsened over time
• Diagnostic Imaging Results: MRI scans, CT scans, and specialized tests that reveal soft tissue damage and structural problems.
• Treatment Records: Physical therapy notes, medication prescriptions, and specialist referrals that demonstrate ongoing care needs.
• Timeline Documentation: Clear medical records showing when symptoms first appeared in relation to the crash date.

• Medical Professional Testimony: Expert witness testimony from physicians who can explain how the crash caused your specific back injuries.

When you speak to the treating physician in the ER, be sure to mention you were involved in a car crash. This information gets documented in your medical record while also providing vital insight to the doctor about the specific diagnostic tests you may need.

How Do Pre-Existing Back Conditions Affect Your Crash Claim?

Pre-existing back conditions do not prevent you from recovering compensation for crash-related injuries in Indiana. The Eggshell Skull rule recognizes that crashes can worsen existing conditions or create entirely new problems in previously injured areas. This law means that defendants must take victims as they find – whether a new or worsening condition.

Medical records are crucial in separating previous injuries from new crash-related damage. Your medical documentation should contain information on how the crash aggravated existing conditions or created new symptoms. This helps establish that the crash caused additional harm beyond your pre-existing condition.

Does Chiropractic Care Support Your South Bend Car Crash Back Injury Case?

Yes, chiropractic care can significantly support your car crash back injury case when properly documented. Chiropractors provide detailed treatment records that show injury progression, response to treatment, and functional limitations. These records create an overall picture of how the crash affected your daily life and work capabilities.

Insurance companies sometimes challenge chiropractic care as unnecessary or excessive treatment, so it is important to work with qualified chiropractors who document their findings.

Tactics Insurance Companies Use to Question Back Injury Claims After Crashes?

Insurance companies often use strategies to minimize payouts for back injury claims. Medical treatment for a back or spinal injury can be ongoing and costly. For the liable insurance company, this often means they may have to pay more on your claim.

When you work with one of our experienced Pfeifer Morgan & Stesiak lawyers, we protect you from these tactics and negotiate for the full and fair compensation you deserve.

Common insurance company tactics include:

• Delayed Treatment Arguments: Claiming that waiting to seek treatment proves your injury was not serious or crash-related.
• Pre-Existing Condition Blame: Arguing that all your back problems existed before the crash occurred.
• Surveillance Activities: Hiring investigators to film your daily activities and question your claimed limitations.
• Treatment Disputes: Challenging the necessity or reasonableness of your medical care and expenses.
• Quick Settlement Offers: Pressuring you to accept low settlement amounts before you understand the full extent of your injuries.
• Medical Record Scrutiny: Examining your entire medical history to find evidence that contradicts your current claims.

Struggling With a Back Injury After a South Bend Car Crash?

Back injuries after a car accident can disrupt the quality of your life, affecting your ability to work, care for your family, and enjoy daily activities.

At Pfeifer Morgan & Stesiak, we understand the challenges back injury victims face in South Bend. Our dedicated car accident lawyers work diligently to secure the highest compensation possible for injured victims.

Worried about cost? Don’t be. We take car accident claims on contingency, which means you pay no upfront fees our out-of-pocket costs to hire our firm.

Don’t let insurance companies minimize or deny your back injury claim. Call us today to get answers to your questions, including whether you may have legal options for recovering compensation.

Experienced Lawyers. Proven Results. Call: (574) 444-0741 today.