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How do You Prove Soft-Tissue Damage?

After getting hurt, you can prove soft-tissue damage by establishing:

  • Duty of care. Another party had an obligation to act with reasonable prudence. For instance, property owners must keep their premises free of hazards.
  • Breach of duty. The other party violated their duty of care. Going back to the previous example, perhaps a property owner failed to address a broken staircase.
  • Causation. The other party’s actions or omissions caused your accident.
  • Damages. You suffered soft-tissue damage and other related expenses after getting hurt.

You can also partner with a lawyer from our firm. They can investigate your case and prove your right to compensation.

Evidence Can Promote Your Case’s Outcome

The more information you have to support your allegations, the stronger your case becomes. Some evidence that can prove soft-tissue injuries include:

  • Computed tomography (CT) scans. These diagnostic imaging scans get an up-close-and-personal look at your internal organs, blood vessels, and bones.
  • Testimony from your healthcare provider. Your doctor can provide a written statement regarding your condition. They can also provide clarity into your treatment options, injury’s cause, and diagnosis.
  • Photos of your external conditions. Soft-tissue injuries sometimes display external symptoms, including swelling, bruising, and discoloration.
  • The names of your medications. After visiting a healthcare provider, they’ll likely prescribe some medications to address your discomfort, including anti-inflammatory drugs and painkillers.

You must prove more than your accident-related injury

To recover compensation via an insurance claim or lawsuit, you must have evidence to support your claim. Proving your injuries’ severity is just one piece of the puzzle, though. You must also prove:

Your Accident’s Cause

Information here depends on the nature of your accident. For instance, if you suffered harm in a collision, you can use traffic camera footage to establish how it happened. You can also use:

  • The police report. Law enforcement may have documented certain aspects of your accident, including who they believe caused it.
  • Physical evidence. Evidence from the accident scene, including skid marks, points of impact, and other information, can support your case.
  • Witness testimony. If anyone saw your accident happen, they can attest to various aspects of your case. You may even work with an accident reconstruction specialist who can give supporting testimony, as well.

The Cost of Your Damages

You want to recover full and fair compensation for your losses. This includes using these items to prove your damages’ value:

  • Receipts
  • Invoices
  • Billing statements
  • Employment records
  • Estimates

You can also keep a pain journal to document your daily pain levels and mental health. This information can determine the value of your pain and suffering and inconvenience.

A Lawyer Can Help You Prove Soft-Tissue Damage

Whether you suffered whiplash, sprains, strains, or torn ligaments, a lawyer from our firm can seek compensation. In addition to investigating your case and proving negligence, our team can:

Determine Your Injury-Related Losses

Compensation in your case can account for more than medical bills. It should also cover:

  • Your missed time from work
  • Property damage expenses
  • Transportation costs
  • Childcare expenses
  • Physical therapy
  • Mental health services
  • Pain and suffering
  • Disability
  • Scarring
  • Loss of consortium

With our lawyers’ help, we will seek the full cost of what you’re owed. As noted, we’ll also use evidence to support your right to damages.

File an Insurance Claim

After sending our demand letter to the insurance company, we may enter into negotiations to recover what you need. We will also:

  • Manage all communications with the claims adjuster
  • Determine the liable policy
  • Prove how your accident happened
  • Demonstrate the severity of your condition
  • Counter any bad faith insurance practices

File a Lawsuit

We can also file a lawsuit against the at-fault party. Sometimes, this legal route involves taking your case before a jury. That’s no problem for our firm; we prepare each case as though it’s going to trial. To file a successful lawsuit:

  • We will abide by Texas’s statutory deadlines. Per Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your injury lawsuit. You don’t have to worry about this deadline with us on your side. We’ll file your paperwork within that time frame.
  • Our lawyers will cross-examine witnesses. The other party may have its own team of witnesses ready to discredit your case. We will counter their arguments using evidence and carefully-crafted questions.
  • We will object to unfair courtroom proceedings. If the other party asks witnesses “loaded” questions or otherwise violates your rights, we’ll object. We want to ensure a fair trial.
  • We will prove your case in court. Using evidence and our knowledge of state law, our trial-ready lawyers will establish your right to financial recovery. We will do everything possible to achieve a satisfactory outcome.

Begin Your Free Case Review with Loncar Lyon Jenkins Today

Proving soft-tissue damage isn’t easy. However, with a lawyer on your side, you’ll barely have to think about it. Since 1988, Loncar Lyon Jenkins has recovered countless damages for injured Texans. Whether you suffered harm in a collision, fall, or another incident, we’re ready to help.

Call in the Strong Arm at (877) 239-4878 to begin your free case review.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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