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How do you prove soft tissue injury to the insurance company?
If a person has only suffered a “soft tissue” injury (i.e., no broken bones), it does not mean that the injuries are of low value. Traumatic brain injury can cause severe and long-lasting pain and disability. Although these traumatic brain injuries (TBIs) are not always visible on x-rays and MRIs, they can still cause severe injuries and disabilities. Nurse’s notes are a key record that you should obtain. These records can be found in both hospitals and clinics. Some doctors even keep them. They provide the best documentation of the patient’s pain. They are often impartial witnesses who have never met or even seen a plaintiff. In most cases, they are trained to observe patients objectively and eliminate any complaints of pain. They can make decisions about whether to give patients aspirin or other non-prescription drugs. Based on their years of experience, they can often spot a fake.
A Narrative Medical report is another option. This will allow a doctor to outline the patient’s main complaints and where they came from. A doctor who prepares the report might have extensive experience dealing with pain and suffering in human beings. As a rule, the doctor preparing the report, like the nurse, is an expert, an objective fact-finder concerning complaints of pain. Their credibility and weight of testimony can have a major impact on juries and claims adjusters.
Recent studies have shown significant brain function effects on concussions, both short- and long-term. These include the recent studies done on ex-NFL players. Concussions can now be referred to more accurately as “TBI.” It is important to document the type, duration, as well as amount of pain. Document the type, dosage, and duration of pain medication and anti-inflammatory medications.
Document any physical therapy or limited range of motion issues. They are closely linked to the claims of pain & suffering. Also, you should carefully document all activities that the claimant may have done before the accident but cannot do due to injuries.
If you suspect that the client has suffered brain damage resulting in diminished real-world functioning, you may want to hire a psychologist to conduct psychological and neurological testing. Neuropsych testing typically involves the administration of a series of tests to the client, followed by a report from the psychologist on the results. Thorough testing and expert psychological assistance can be used to support a claim of prolonged injury and disability that is based only on “soft tissue” injuries. Employers, spouses, co-workers, and friends, as well as acquaintances, will be able (via affidavits) to provide an account of the plaintiff’s pre and/or post-physical and/or psychological complaints and/or any reduction in physical activities. The plaintiff may also keep a journal of his good and bad days after the accident.
You may ask your client to do a physical account of how many pain pills he or she has taken each day or every month. This will show the likelihood of the plaintiff suffering from pain. This could also apply to the number and type of chiropractic or physical therapy treatments that the plaintiff has received. If your client has had multiple surgeries, describe each one, including dates and recovery dates. Your imagination is the limit.