Does the Amount of Property Damage to Your Car Matter in Your Injury Case?

As a Louisiana car accident lawyer, I can confidently say, the short answer is NO! The medical literature shows no direct correlation between the amount of property damage in an accident and the type and severity of injuries received. A person in a minor fender bender with less than $500 damage can sustain severe injuries, and a person in a significant collision where multiple vehicles are “totaled” can walk away with no injury.We often encounter a common misconception in accident cases: the belief that the extent of vehicle damage directly correlates with the severity of injuries. This blog post will debunk this myth, explain why it persists, and show how it can affect your personal injury claim.

Everyone has different injury tolerances. Two people who experience the same accident can have different injuries. This is because everyone, biologically speaking, is built differently. Some people may have a genetic tendency to be more predisposed to certain types of injuries. For example, women tend to sustain different types of injuries than men. Also, the fitness level and age of an individual can have a lot to do with the type and severity of injury received in an accident. However, you need to be aware that many people including jurors are often biased towards the opinion that there is little to no vehicle damage must mean that there is little to no personal injury.

The Myth: Property Damage Equals Injury

Many jurors in accident cases believe that unless a vehicle has sustained substantial visible damage, the occupants couldn’t have been seriously injured. This misconception can significantly impact personal injury cases, potentially leading to unfair judgments.

The Reality: Science Refutes the Myth

Contrary to popular belief, scientific and medical evidence collected over years of research shows that the severity of injuries doesn’t always correspond to the extent of vehicle damage. Let’s explore why:

1. Vehicle Design and Energy Absorption: Modern vehicles are designed to absorb and distribute impact energy, often resulting in less visible damage but not necessarily less force transmitted to occupants.
2. Biomechanics of Injury: The human body can sustain injuries even in low-speed collisions due to the sudden change in velocity and direction.
3. Individual Factors: Age, pre-existing conditions, and positioning during impact can all affect injury severity, regardless of vehicle damage.

Why This Matters for Your Case

Insurance companies and defense attorneys may try to use the “minimal damage” argument to downplay your injuries and reduce your compensation. This is why it’s crucial to have an experienced personal injury attorney who understands these complexities.

Can You Be Injured If Your Car Isn’t Badly Damaged?

Yes, you can. Even if your car looks fine after a crash, your body might not be. Modern vehicles are built to absorb impact, so they might show little damage. But your body doesn’t have that protection. Injuries like whiplash, back pain, or even concussions can happen in low-speed accidents.

Studies show that people can get hurt in crashes with little or no car damage. For example, research published in Spine found that a change in vehicle speed as low as 2.5 mph can cause symptoms in occupants, even if the vehicle shows no visible damage.

Symptoms might not show up right away. You could feel fine at first, but pain or stiffness might appear hours or days later. That’s why it’s important to see a doctor after any accident, no matter how minor it seems.

Insurance companies might argue that no car damage means no injury. But that’s not true. It is even possible for the at-fault car to have more damage than your own. At LJBLegal, we understand that your pain is real, even if your car isn’t badly damaged. We’re here to help you get the care and compensation you deserve.

Can You File an Injury Claim if Your Car Has Minimal Damage?

Yes, you can. Even if your car shows little to no damage, you may still have a valid injury claim. Injuries like whiplash, soft tissue damage, or back and neck strains often occur in low-impact crashes. These injuries might not be immediately noticeable but can cause significant pain and require medical treatment.

Insurance companies may argue that minimal vehicle damage means minor or no injuries. However, medical research shows that the severity of injuries doesn’t always correlate with the extent of property damage. It’s essential to seek medical attention promptly and document all symptoms, no matter how minor they seem at first.

If you were injured in an accident with minimal vehicle damage, you will likely need a skilled Metairie car accident lawyer knowledgeable about defenses to this argument to effectively recover for your injuries.

At LJBLegal, we understand the tactics insurers use to minimize payouts. Our experienced team is prepared to advocate for your rights, ensuring that your injuries are taken seriously and that you receive the compensation you deserve.

If you have questions about your personal injury claim, give us a call now at 985-240-9773 or fill out our contact form.