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Proving Permanent Injuries in Truck Accident Cases

By Stewart J. Guss on April 25th, 2017 Truck Collision Lawyer in Houston

Motor vehicle accidents involving trucks, tractor trailers, and big rigs can lead to serious accidents with catastrophic and permanent injuries and damages. In many cases, the insurance companies scoff when an injured accident victim claims permanent damage in a Houston truck or car accident case.

Reasons for Denying Permanency or Permanent Impairment

Whenever a truck collision victim claims permanent impairment to a body part, the insurance company will attempt to look for any other possible cause or explanation for the claimed permanent injury. Other possible causes the insurance company will look to may include some or all of the following:

  • Prior surgeries
  • Degenerative changes on MRI’s and other imaging studies
  • Preexisting medical conditions
  • Prior injuries
  • Prior motor vehicle accidents
  • Prior work-related injuries

Ways of Effectively Proving Permanent Injuries

Permanent injuries sustained in Houston truck accident cases may be accompanied by ongoing pain, impaired function, or discomfort. Permanent impairment may also arise from medical treatment – such as a surgery – that was required as a direct result of the injuries sustained in the truck accident.

When an insurance company disputes the permanent aspect of an injury, the following may be helpful in proving permanency:

    • Direct testimony from the accident victim about pain and symptoms that he or she currently experiences as a result of the injuries sustained
    • Direct testimony from co-workers, bosses, family members, or friends (i.e. individuals who have no direct interest in the outcome of the litigation) who can testify about the injured victim’s workplace and/or household limitations since sustaining injuries in the truck accident
    • Expert testimony from a doctor or other health care provider who can testify about his or her treatment of the truck accident victim, the permanent nature of the injuries sustained, and objective findings garnered from a permanency evaluation or other medical treatment

Contact a Houston Truck Accident Lawyer Today to Discuss Your Case

If you or someone you love has sustained severe and permanent injuries in a truck, tractor trailer, or big rig accident, Houston personal injury lawyer Stewart J. Guss can help you to obtain the monetary compensation you need and deserve.

To discuss the circumstances of your individual case and your legal options, call our office today at 800-898-4877 or send us an email through our online contact form.

1 https://www.law.cornell.edu/wex/litigation

2 https://www.law.cornell.edu/rules/fre/rule_702

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