In this blog post, Attorney Carlos Morales will discuss some of the different injuries you can suffer in a car accident, the debilitating effects they can have on your life, and how insurance companies try to use them to deny you the full compensation you deserve.
This one is pretty simple. Grab a banana, hold on two both sides, and break it in half. The result is an objective injury. You will be able to see tears in the banana’s flesh, there will likely be bits and pieces of the inside of the banana oozing out of those tears, and you might even see some juices flowing. Gross image, right?
If you’re involved in a car accident and break a bone, nobody will be able to deny that you have suffered an injury. Bone fractures can result in the bone piercing the skin (open fracture), which would of course result in blood escaping your body. If there is no bone piercing through the skin (closed fracture), the fracture would show up clearly on an x-ray.
The point is, an objective injury is an injury that you can easily see and therefore, the insurance companies cannot deny that you were injured in a car accident.
Think about that banana you just broke in half. What would happen if instead of breaking it in half, you dropped it on the counter? What kind of damage do you think you would be able to see? Maybe a bruise on the outside? What about on the inside? What if that banana could talk and told you it felt pain on the inside?
If objective injuries are those that are easily detected, subjective injuries are those that are NOT easily detected. First, subjective is defined as “based on or influenced by personal feelings, tastes, or opinions.”
In most cases, the only reason anyone else would know or suspect that you have suffered a subjective injury would be because you are telling them that something hurts. If you are involved in an accident and are fortunate enough to “walk away,” it does not necessarily mean that you have not suffered injuries.
For example, let’s say that you are involved in a car accident and you don’t have any objective injuries (injuries you can see). You get home, and after the adrenaline wears off, you start feeling pain all over your body. Specifically, you feel pain in your neck and entire back but you can still move and nothing “feels” broken. It is likely that you have experienced a subjective injury.
These injuries are typically diagnosed as sprain/strain of the muscles in your neck and back. These injuries will not be found via examination, x-rays, MRI’s, or any other method of detecting injuries. In fact, it is likely that the only way that your treating provider will be able to diagnose these injuries is by you telling them what hurts.
Of course, any competent treating provider should be able to confirm your injuries through a series of tests and examinations.
Life Long Pain and Suffering
Have you ever heard someone who broke a bone years ago complain about that injury site “when it rains.” An injury, whether objective or subjective, may fully heal within a few months. However, that does not mean that it won’t continue to hurt, or affect your life for years after the accident.
By the way, that old “my bones ache when it rains” is an actual thing. The pain is believed to be caused by a drop in barometric pressure during a rain storm which causes soft tissue or fluid in your body to expand. Now imagine if that is happening right where you broke a bone.
Subjective injuries, especially to any part of the spine, can linger and cause pain for many years after an accident. Often times, a subjective injury needs “maintenance” treatment on a regular basis for years after an accident.
Insurance Companies Love Subjective Injuries
Insurance companies will actually deny you compensation if you “only” have subjective injuries. The insurance company’s “logic” flows something like this: Subjective injuries are based on complaints of the injured person; that person wants money; the more injuries they claim, the more money they can ask for; the injured person either was not injured or they are over-exaggerating.
Of course, subjective injuries are confirmed and diagnosed by medical professionals. Therefore, the insurance company’s “logic” accuses pretty much every medical professional who treats an accident victim of committing malpractice.
Objective injuries are injuries that are visible or easily detected. Insurance companies will not be able to deny that you have suffered injuries (this doesn’t mean they won’t try to give you less than you deserve).
Subjective injuries are based on what, and how, you feel. These injuries can be confirmed and given a diagnosis by a medical professional. Insurance companies love to point to subjective injuries and claim that their is no actual injury.
If you or a loved one has been injured by the actions of another, you need to act fast to preserve your right to full and fair compensation. Insurance companies work hard to limit your recovery. At Morales Injury Law, we work harder. Call or text today to schedule your FREE consultation.