Proving Unseen Injuries in Ontario Accident Injury Cases

By Alexander D. Napolin, Esq. | August 19, 2018

Learn About Invisible Injury Personal Injury Cases

Proving Unseen Injuries in Ontario 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.

Proving Unseen Injuries in Ontario Accident Injury Lawsuits

Proving unseen injuries in Ontario 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 ontario accident injury law firm that has extensive experience and success in the courtroom. Mr. Napolin and his team 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 office in Ontario California. 909-962-8415!

Immediate diagnosis and treatment are 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

Invisible Traumatic Brain Injury

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.

Necessary Witness Evidence in Traumatic Brain Injury Cases

Victims testify to describe their lost ability to engage in activities of daily living. 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 paint the picture for the jury to understand just how bad things are even though the injury is invisible to the naked eye. Beyond regular witnesses, expert doctor testimony from medical professionals is absolutely essential.

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 may require surgery. Torn ligaments, or other types of torn cartilage may require minimally invasive or highly invasive surgery.

Doctors perform objective tests during and after the medical treatment phase of a soft tissue injury. Expert medical doctors testify as to the nature of the injury. They describe necessary care to treat the injury now and in the future. The victim testifies to their limitations and pain due to the soft tissue injury. A jury calculates the compensation for these injuries based on this kind of evidence.

Call An Ontario Car Accident Attorney for Immediate Help

Experienced Unseen Injury Lawyer

The insurance carrier will be a formidable adversary. At Napolin Law’s Ontario California car accident office, we do all the work. Our team collects the right combination of lay and expert witness testimony to prove your injuries.

Proving Unseen Injuries in Ontario Accident Injury Cases is not always so easy. Do not delay, speak directly with a powerful team of personal injury lawyers in Ontario. Our trial lawyers are standing by to evaluate your case. They will give you guidance and take on the representation of serious and catastrophic traffic collision cases. Call 909-962-8415.