ARTICLE
30 December 2024

What Are "Invisible Injuries" And How Do They Impact Personal Injury Claims?

WG
Watson Goepel LLP

Contributor

Founded in 1984, Watson Goepel LLP is a full-service, mid-sized law firm based in Vancouver B.C. With a focus on Business, Family, Indigenous, Litigation and Dispute Resolution, and Personal Injury Law, our membership in Lawyers Associated Worldwide (LAW) provides us with a truly global reach.
If you are injured in a motor vehicle accident, a slip and fall, or any sort of accident, you may suffer a host of injuries.
Canada Litigation, Mediation & Arbitration

If you are injured in a motor vehicle accident, a slip and fall, or any sort of accident, you may suffer a host of injuries.

Some of these injuries are obvious: fractures, cuts, scrapes, or bruises can all be seen – either immediately or through medical imaging.

Other injuries, however, are not as obvious. "Myofascial" or "soft tissue" injuries are injuries that affect your muscles, joints, or surrounding parts of the body. These are often impossible to see. Psychological injuries and concussions are also not visible – you have to be diagnosed by a medical professional.

This matters because in a personal injury claim you are the one required to prove what injuries you suffered, and their consequences. If you fractured your leg, that can be shown with an X-ray. If you suffer depression, have a concussion that affects your memory, or have soft tissue pain, that cannot be proven in the same way.

The most common evidence to support these injuries' existence are medical records. If you have attended regular treatment which documents your symptoms and their progress. Accordingly, if you are injured in an accident, it is critically important that you seek out treatment for your injuries.

Invisible injuries are also often one of the most important parts of a personal injury claim. In most cases, fractures heal over a few months, and have few long-term consequences. Mental health conditions, concussion symptoms, and soft tissue pain, however, can often last for years and prevent you from working in your chosen career, or at all. Accordingly, if the court does not believe that the injuries occurred, large portions of your claim may be left uncompensated.

Determining what kind of treatment is appropriate, and how to navigate proving your injuries occurred due to a specific accident is a difficult and confusing process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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