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Are spinal injuries harder to prove in a personal injury case?

A multi-car accident has left a Texas man with spinal injuries, according to his claims in a personal injury lawsuit.

Specifically, the victim claims that the defendant negligently crashed into his vehicle headfirst while attempting a left turn. The authorities that responded to the scene cited the driver for multiple traffic violations, including failing to yield and driving without a valid license.

As a personal injury attorney knows, failing to yield to oncoming traffic may create a presumption of negligence. Indeed, the citations given to the allegedly negligent driver reflect that it is a rule-of-the-road to look for oncoming traffic before turning left.

However, there may be other challenges associated with the victim's attempt to seek compensation for his injuries. It can be difficult to put a dollar value on spinal injuries, in particular. Orthopedic injuries can often be verified by diagnostic tests, such as X-rays or medical imaging. A displaced spinal disk can be indicated to a civil jury in a scan. Yet to the extent that other soft tissue injuries are involved, such as back or neck sprains, a more strategic approach may be required. Insurance adjusters may attempt to minimize such descriptions or dismiss them as being too subjective.

Fortunately, an attorney that focuses on personal injury lawsuits and motor vehicle accidents knows that back and neck pain may prevent a crash victim from returning to work. In order to present a strong case to the jury, an attorney may have strategies for describing strains in medical terms. That way, a victim may be able to recover compensation for lost wages and pain and suffering, in addition to medical costs.

Source: Southeast Texas Record, "Man claims spinal injuries in collision," Kelly Holleran, Oct. 13, 2014

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