On June 22, 1991, Tanzy Lachney JR and his wife were at a Popeyes drive-through in Marksville, Louisiana, with friends. What started as a routine stop turned into an ordeal that would change Lachney’s life forever. As they queued to be served, Tony Dauzet, another driver, cut in line, which naturally prompted Lachney to get out of his truck to speak to him. But as he got back in, Dauzet reversed his car into it, causing Lachney to fall and hit his head on a doorpost. He suffered pain for months afterwards, and the doctors later confirmed that he had sustained neck, shoulder, and back injuries, as well as post-traumatic headaches.
Although this incident took place more than three decades ago, the case of Lachney v. Automotive Casualty Insurance Company exemplifies the complexity of proving invisible injuries like post-traumatic headaches and chronic pain in personal injury lawsuits. Lachney may have assumed Dauzet was on the hook for his injuries, but this wasn’t to be the case after he sued. The latter pushed back, arguing that the injuries were caused by another accident that Mr Lachney had suffered in 1989. But thanks to medical record evidence, Lachney was able to prove that he had fully recovered from the prior incident. The court sided with the plaintiff, awarding him lost wages, pain and suffering, and loss of consortium.
So, what are invisible injuries? And how do they affect personal injury lawsuits?
What Are Invisible Injuries?
“When you get cut, the injury is visible, and the pain apparent, which means you’ll naturally see a doctor. And if another person caused this cut, you can sue them for the pain, the cost of treatment, as well as any other loss you suffered. But some injuries are not as easy to detect. Some of them can go unnoticed for weeks, even months,” says personal injury attorney Jeffrey P. Lowenthal of Lowenthal & Abrams Injury Attorneys. Imagine feeling back pain two months after a rear-end accident; drawing a link between the back pain and the crash can be difficult, and this is what is referred to as an invisible injury. They’re not always easy to prove because there isn’t any detectable bruise. Common examples include:
- Soft tissue injuries
- Muscle and tendon sprains and strains
- Concussion
- Nerve damage
- Back injuries
- Traumatic brain injury
How to Prove Invisible Injuries
Despite no outward signs, invisible injuries can still turn your life upside down. Fortunately, you may be entitled to compensation in a lawsuit, provided you can prove your claim, and here is how to do it:
- Don’t wait until it’s too late; see a doctor immediately: The general rule of thumb is to see a doctor immediately after an accident, whether or not you have visible injuries. Your doctor may be able to identify injuries or even point out complications that could develop over time. Beyond your physical health, prompt treatment creates a paper trail that you can use as evidence in your lawsuit.
- Stay on top of your follow-up appointments: Going back to the doctor for follow-up appointments can help identify injuries if they appear later. Plus, the documentation will prove the connection between them and your accident. So mark your calendar and see your doctor as instructed.
- Keep meticulous records: If it’s not clear already, evidence can make or break your suit. So keep every receipt, doctor’s appointment note, x-ray, and lab test result intact, as they may be used later as evidence.
Where to Go Next
Working with a qualified and experienced personal injury lawyer is important when seeking compensation for invisible injuries. This professional will know the legal statutes and precedents applicable to your claim. They’ll listen to what you have to say and conduct an assessment of their own before offering a path for your case. What’s more, personal injury lawyers tend to have an established network of experts, including doctors, private investigators, and accident reconstruction experts who can be called to take the stand as expert witnesses for your case.