The defense team will usually focus on the plaintiff's vehicle change in velocity or Delta V. This is usually attested to by the accdient reconstructionsist who cannot testify as to your injury risk and so then the biomechanist comes in to testify. He/she may review your medical records and MRI to form an opinion. Lastly, the defense doctor shows up to testify that you do not have an injury or that your injury was a minor strain that is now resolved. If you have a pre-existing condition, then the doctor will probably attribute your pain to the old injury or condition and not as a result of injury sustained in your accident. The insurance company doctor will usually say that you accumulated a lot of unecessary medical bills for unreasonable treatment and diagnosis and they likely say that lower back injury is almost never related to a low velocity collision.
So, how does your West Palm Beach car accident lawyer defend against this industry standard of practice? Well, there are a number of studies that have shown that the change in velocity or Delta V is not a valid gauge of injury and that there is no correlation between whiplash grade and change in velocity. Studies have shown that there is no threshold above or below which an injury is more or less likely to occur. Some injuries occurred in low velocity accident while no injuries occurred in high velocity accidents. The bottom line is that these studies found Delta V is not a valuable predictor of cervical spine injury which is the basis for the defense's entire stratgey. Lastly, property damage is also a big factor for insurance companies. Most people believe that the less property damage the less injury. This is not always true as the studies above indicate.
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