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Q
There isn't much damage to my car. Will anyone believe I'm injured?

A

Modern cars are built with impact absorbing bumpers. This design has been incorporated into cars to save money on property damage repairs. Most new cars can absorb a rear end impact of up to 10 miles per hour, and the flexible bumper bounces back with little more visible damage than some scratches. Insurance companies have capitalized on this by trying to claim that the lack of visible damage to the car means that the people inside the car are not damaged or injured either. This is false.

Serious Injuries Can Result From Even Minor Accidents

The truth is there is little relationship between the amount of property damage to the car and injuries suffered by passengers. A person can be in what looks like a catastrophic roll over wreck and get out of the car with little more than a scratch. By the same token, a person can be in a low speed collison and sustain an injury to his or her neck that causes a cervical disc herniation and requires surgery and fusion of the spine. It is not the car you are in that determines whether you are injured; it is your body that determines what kind of injury you suffer. Your age, gender, musculature, strength, position at the time of impact and whether you have had any prior injuries or conditions that have left your body more susceptible to injury that determine whether you are injured and if so, how badly.

Too many people, including lawyers, have bought into this insurance company propaganda and believe that if there is little damge to the car, there is no way to prove that the accident caused a serious injury. It is true that a connection between low speed collision and an injury is more difficult to prove, especially when jurors may come into court already believing the myth propagated by the insurance industry. But difficult does not mean that it cannot be done, or that it should not be tried. As in all injury claims, each case is unique. Each plaintiff is unique. It is the attorney's job to find those facts that prove your injuries came from the accident, regardless of how the car looks in photographs or what was the cost of the repairs.

John P. Rosenberg
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Premier Personal Injury Attorney, Speaker and Author