In a recent case concluded at Kopfler and Hermann, we represented   husband and wife involved in an intersectional motor vehicle crash when a careless driver cut in front of their vehicle.

There were tremendous forces involved, and the clients’ new vehicle was considered a total loss. Both parties were transferred by ambulance to a local emergency room. Within days of the event, the woman exhibited bruising from seat belt injuries.  Photographs were taken of the chest and abdominal bruising. These photographs were taken with a smartphone, and the dates of photos were preserved.

Her course of treatment included chiropractic care. 

Approximately 18 months after the motor vehicle crash, the lady noted the onset of acute abdominal pain and was brought to a local emergency room. After diagnostic testing, it was determined that she was suffering from an intestinal obstruction. In formulating his diagnosis, the general surgeon noted that the lady had no previous abdominal surgery or cancer, typical medical events that lead to adhesions and intestinal obstruction. By process of differential diagnosis,  the general surgeon determined that the cause of the intestinal obstruction was the motor vehicle crash and seat belt injury from one and a half years before.

The injured lady had concluded her claim against the party at fault in the motor vehicle crash because there was limited insurance. She did have uninsured motorist coverage in full force and effect. While this coverage is usually helpful in a motor vehicle crash when the other party has no insurance, it also has an additional purpose. If it can be shown that the party at fault had limited insurance and the damages are great, the uninsured motorist coverage then converts to underinsured motorist coverage.

Based on the general surgeon’s findings and opinion, a claim was made against the underinsured motorist carrier for the additional damages caused by the intestinal obstruction and medical costs to correct it. The insurance carrier contested the claim because of the time between the motor vehicle crash and the onset of abdominal symptoms at a later date. The surgeon correctly noted that intestinal obstruction as a result of seat belt trauma can occur years after a motor vehicle crash. His expert opinion  was more likely than not that  the cause of the condition for which he had to perform corrective surgery was due to the accident one and a half years before.

The photographs obtained of the woman’s abdomen showing seat belt bruises were instrumental in proving this case. There wasn’t a lot of medical evidence in medical records and treating physicians’ reports documenting an abdominal injury. The case was proven through the testimony of the injured lady and photographs her husband had taken shortly after the crash. On the eve of trial, the matter concluded successfully, including all costs of medical treatment and general damages for having to undergo the surgical correction.

Kopfler and Hermann suggests that after any accident or injury, whether from a motor vehicle accident or otherwise, visible signs of injury should be documented by photographs or videos. You never know when it may be helpful in proving a claim.