One of the elements that must be proved in a accident case is causation. Thus, you have the burden of proving that the injuries alleged were in fact caused in the accident. This is usually done with expert testimony, the testimony of your treating doctors. However, the defense can argue that the injuries were not caused by the accident. They can do this is several ways. First, they can go through your prior medical history and see if you had complained of those injuries before. In smaller accidents, the defense can argue that the injuries just don’t make sense, that the small accident could not cause any injuries or that the injuries do not match the accident. Sometimes, they will contest the objective findings in the diagnostic tests, saying the x-ray does not show a fracture or that the MRI does not show a spinal herniation. While the insurance company can challenge causation, you do not have to accept their findings and hire a lawyer to pursue your case.
