You’re hurting after a spine injury accident. You’re trying to heal, get back to work, and figure out how to pay the growing stack of medical bills. So, you file a personal injury claim, hoping for fair compensation. Then the other side starts fighting back.
They question your injuries. They question your pain. And sometimes, they even question your honesty.
We’ve seen it all at Crosley Law. Defense attorneys and insurance adjusters have a list of go-to tactics they use to minimize what happened to you. Not only are we familiar with their playbook, but we’re ready for it and know how to fight insurance company and defense tactics.
In this blog, we discuss the most common defense arguments in spine injury cases and how an experienced spine injury lawyer counters them. If you need to talk with one of our lawyers, call us at 210-529-3000 or fill out our online contact form to schedule a free consultation.
1. “The car doesn’t look that bad so you can’t be that hurt”
This is one of the oldest tricks in the book. If the damage to your vehicle is minimal, the defense will argue your injuries must be minimal too. But there’s a simple truth: your body is not made of metal.
Spine injuries can happen in low-speed crashes. The forces involved in even a minor rear-end collision can cause serious damage to the delicate discs, nerves, and ligaments in your spine.
That’s why we work with medical experts who can explain this clearly to a jury. We also bring in crash reconstructionists and biomechanical engineers who can show how energy transfers in a collision. They can help prove why your pain is very real, regardless of how your car looks.
CASE STUDY: Crosley Law wins $1.95 million for injury victim with no vehicle damage
2. “There was a gap in treatment, so the injury must not be serious”
Life doesn’t stop after an accident. You might have waited to see a doctor because:
- You thought the pain would go away
- You didn’t have insurance
- You were overwhelmed or in shock
- You had trouble finding a specialist
The defense will act like a two-week gap between the crash and your first appointment is a smoking gun. But we know that real life isn’t that simple.
We explain to the jury that many people wait before seeking treatment. It doesn’t mean the injury wasn’t there. It just means you were hoping to recover without extensive care.
That said, we always recommend getting a medical evaluation as soon as reasonably possible after any accident, even if you don’t feel your injuries are troublesome at the time. Symptoms have a way of becoming worse in the days or weeks after an accident, and establishing an early medical record can significantly help your case.
3. “Your MRI doesn’t look that bad”
Imaging scans like MRIs are important, but they aren’t the final word on your health. A “mild” herniated disc may look unremarkable to a radiologist. But to you, it can mean daily pain, numbness, weakness, or even loss of mobility.
Pain doesn’t always show up clearly on a scan. That’s why we tell your whole story and not just the parts in black and white. We bring in your doctors, physical therapists, and even family members to explain what your life is like now. When necessary, we also consult with additional medical experts and recommend additional tests to confirm injuries that other scans might not pick up.
4. “You’re faking it”
This one is personal. And cruel.
Sometimes, the defense claims you’re exaggerating or even faking your symptoms for a payout. They might suggest you’re only pursuing a claim for money. That’s when we push back the hardest.
We show:
- Your long history of medical visits
- Your consistent complaints to different providers
- The treatments you tried before resorting to surgery
- The real financial losses you’ve suffered
We bring the full force of evidence and expert testimony to show that you haven’t spent all this time trying to fake your pain and suffering. You just want your life back.
RELATED: The role of expert witnesses in Texas personal injury cases
5. “Your pain was a 2 out of 10, so you must be fine”
If you’ve ever filled out a pain scale at the doctor’s office, you know how hard it is to answer that question. One day might be better than the last. Some people don’t want to complain. Others underreport their pain because they’re trying to stay optimistic.
The defense might point to a single note in your records such as, “Pain rated 2/10,” and use it to downplay your entire case. We help the jury see the bigger picture.
We gather records, testimony, and journals showing the full arc of your challenges and recovery. And we remind everyone that one low pain rating doesn’t erase months or years of suffering.
Keeping a daily journal where you honestly record how your spine injury is affecting your daily life can help shoot down such cherry-picking tactics.
RELATED: Why “before and after” witness testimony can make or break a personal injury case
6. “Your treatment was on a lien, so your doctor’s biased”
If you couldn’t afford treatment after your injury, then you may have received care under a medical lien. That’s a legal agreement to pay the provider out of your eventual settlement.
The defense often argues this makes your doctor biased. But we ask: Would you rather our client suffer without care, or get the help they needed from a doctor willing to wait for payment?
Liens are common in injury cases, and they exist to help people who don’t have other options. That doesn’t make your treatment less valid. It makes it possible.
RELATED: What is a medical lien and how will it affect my personal injury settlement?
7. “You waited too long to have surgery”
Nobody wants back surgery. You might have hoped the injections would work out. You did physical therapy. You toughed it out until you couldn’t anymore.
We explain that this hesitation shows you were trying to avoid invasive procedures, not exaggerating your pain. In fact, the longer you waited, the more it shows how bad things really got before you finally said yes to the operating room.
RELATED: Will surgery increase my settlement? Here’s what you need to know
8. “You’re living your life, so you can’t be injured”
If you’ve posted a smiling photo on Facebook or gone to a family birthday party, the defense might argue that you’re fine. They’ll show that picture to the jury and try to twist it.
We remind the jury that even people in pain try to live as normally as they can. A single good moment doesn’t erase a chronic injury. You were doing your best to stay connected and keep moving forward, not prove you were fully healed.
Nevertheless, be careful what you share on social media during a pending personal injury claim. You don’t want to give the insurance company more potential ammunition to turn against you.
RELATED: Posting on social media after a car accident: how it can hurt (or help) your case
9. “Your lawyer helped you find a doctor. That’s suspicious”
Sometimes, clients don’t know where to turn after a serious injury. They’re between jobs. They don’t have insurance. They need help.
When that happens, we can connect them with reputable specialists who are familiar with treating spine injuries. These are doctors we trust because we’ve spoken with them and seen them help victims recover.
The defense may say it’s suspicious. We say it’s responsible, and we can back that up.
How Crosley Law fights insurance company and defense tactics
We don’t wait to see what the defense throws at us. We plan for it from day one.
Here’s how we prepare:
- We build a full medical narrative with expert reports and clear explanations
- We prepare our clients for depositions, so they feel confident and ready
- We gather before-and-after witnesses, like coworkers, friends, and family, who can describe how your life has changed since the crash
- We use real evidence to show the full scope and clarity of your story
We don’t let the defense twist your case into something it’s not. We keep the focus on your injury, your truth, and your right to fair compensation. We are ready to appeal to a jury on your best behalf. However, just showing how prepared we are often will make insurance companies back down and willing to settle before a trial ever becomes a possibility.
Get the support and representation you deserve
When you’re facing a spine injury claim, you’re up against a powerful system that wants to pay you as little as possible. But you don’t have to go through it alone.
At Crosley Law, we believe in our clients. We believe your pain is real. And we believe that with the right team on your side, you can fight back and win.
If you’ve been injured and the insurance company is trying to deny your claim or shift the blame, we’re ready to help. Contact Crosley Law for a free consultation at 210-529-3000 or by filling out our online contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
