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How To Argue That Torn Ligaments Are From Your Car Accident

Car accidents are notorious for soft tissue injuries, including torn ligaments. However, some car accident lawsuits have a difficult time proving these facts, especially when the torn ligaments are in your shoulder, knee, and/or elbow. Here is how to argue that your injuries are from your car accident, and not from the causes suggested by the other driver's lawyer.

You Do Not Play Sports

Torn meniscus in the knee? You must play tennis, or you fell. Torn rotator cuff? You were pitching a baseball when that happened. These are the kinds of counter-arguments and suppositions the other lawyer will try to use to cast doubt on your accident-related injuries. 

When you do not play sports, even for fun in your own yard, you can prove that with the witnesses that were with you in the days leading up to the accident. Your medical records can also show that you are not involved in any sort of serious athletic activity.

None of the Affected Body Parts Were Injured Prior to the Car Accident

Again, this is where medical records come in handy. The other lawyer may argue that you had these injuries prior to the accident. He/she is trying to prove that his/her client is not responsible for some or all of these torn ligament injuries. While he/she cannot get past whiplash because only a car accident can cause that, he/she can try to argue that other torn ligaments are from something else that "you did." When he/she cannot cast doubt on your claims, then you have effectively proven that your torn ligaments are not from anything that happened to you prior to the accident.

The Medical Treatment You Received at the Scene and Later Shows the Bodily Harm

If you received medical treatment at the scene of the accident and/or you were taken to the hospital for treatment, you can use these records to show what the EMTs and emergency room doctors saw and treated you for. Medical records are the soundest way to prove your injuries. 

This is why so many lawyers advise their clients to seek medical attention after an accident, even if it is a few days or months afterward. When you could not walk because of a meniscus tear,  or you could not move or lift your arm because of a torn rotator cuff, and the doctors had to do surgery to repair it, that is solid proof that your injuries were caused by the accident/other driver.

For more information, contact a law office like St Martin & Bourque LLC.