Why Back Injuries After a Car Crash in Chicago Are Difficult to Prove 

Insurance companies deny back injury claims more often than almost any other car crash injury in Chicago — and across the country. The problem is that X-rays don’t reveal certain types of back injuries, like soft tissue damage, and back pain symptoms may not show right away either. These two issues give insurance adjusters enough room to question the validity of your injuries. 

At Cooney & Conway, we are extremely familiar with the unique challenges of back injury claims. But we also know how to dispute and overcome insurance company arguments and how toprove your back injury is legitimate.

When a car accident leaves you with chronic back pain, you need legal representation that won’t back down. Our experienced car accident lawyers in Chicago guide you on how to accurately document your back pain symptoms, fully investigate your claim, and obtain evidence of your medical diagnosis and ongoing treatments.

Learn more about what Cooney & Conway can do to help your claim.
 Request your free case review today. (800) 322-5573. 

Why Are Back Injuries Harder to Prove Than Other Types of Car Crash Injuries? 

Insurance companies reject back injury claims more often than visible injuries because the damage hides from standard tests and develops slowly over time. When you can’t produce immediate proof, adjusters assume you’re lying or exaggerating to get money. This skepticism puts you at a disadvantage from day one unless you know exactly what evidence matters. 

Pain Doesn’t Show Up on Basic Tests 

X-rays reveal broken bones instantly, but they completely miss herniated discs, torn muscles, and damaged ligaments in your back. These soft tissue injuries cause excruciating pain yet remain invisible on the imaging most emergency rooms use first. Insurance companies point to “normal” X-rays as proof nothing’s wrong, even though you’re suffering every single day. 

Symptoms Appear Days After the Crash

Adrenaline flooding your system during impact masks back pain entirely at the accident scene. You might walk away feeling fine, only to wake up 48 hours later unable to get out of bed. Insurance adjusters use this delay to claim your injury came from something else entirely, not the collision that jolted your spine. 

Your Pain Can’t Be Measured 

No machine exists that reads pain levels like a thermometer reads fever. Doctors must rely entirely on what you tell them about your discomfort, and insurance companies attack this subjective reporting viciously. They’ll claim you’re faking if you can perform some activities but not others throughout your day in Chicago, Illinois. 

How Can I Prove My Back Injury Was Caused by My Chicago Car Crash? 

Insurance companies routinely deny claims if they can poke holes in your timeline or medical records. Missing even one critical step gives them the excuse they need to reject your claim. 

• Seek Medical Care the Same Day as Your Crash: Emergency room visits or urgent care appointments dated on your accident day create an immediate link between your back injury and the car accident that caused it. 
• Report All Back Symptoms to Your Doctor: Tell medical providers about every ache, pain, stiffness, or tingling sensation you feel. Remember, doctors need to know fully what you are experiencing to provide optimum treatment. Additionally, symptoms not documented in medical records don’t exist in the eyes of insurance adjusters. 
• Get MRI or CT Scans Within Weeks of the Accident: Advanced imaging can reveal damage, such as herniated discs, ligament tears, and nerve damage, that X-rays cannot capture. 
• Continue Your Medical Treatment: Following your doctor’s recommended treatment plan without gaps — like missed appointments — shows your injury is ongoing and serious. People who genuinely hurt want to get better and take steps to make that happen.  
• Document How the Injury Limits Your Daily Life: Keep records of activities you can no longer do, work you’ve missed, and ways your back pain affects your routine in Chicago, Illinois. 

Can I Still Sue for Damages in Chicago if I Had a Pre-Existing Back Injury Before My Car Crash? 

Yes. Illinois law protects your right to compensation — even if you had back problems before your crash. Insurance companies will not make it easy, though. They will push back on your claim, trying to minimize it or deny it altogether. 

Pre-Existing Claims Don’t Eliminate Your Legal Rights 

If your attorney can prove your Chicago car accident made your existing back injury worse — or caused a new injury on top of your old one — you can pursue compensation for your damages. 

The Eggshell Plaintiff Rule Protects You 

Illinois follows the eggshell plaintiff doctrine, which means at-fault drivers must take victims as they find them. If your pre-existing back condition made you more vulnerable to injury, that’s the negligent driver’s problem, not yours. They can’t reduce your compensation simply because a healthier person might have walked away unharmed. The rule recognizes that people with fragile conditions deserve full protection under the law when someone else’s carelessness causes them harm in Chicago, Illinois. 

How Chicago Car Crash Victims Can Strengthen a Back Injury Claim

Taking the right actions after your crash builds a stronger case that insurance companies can’t easily deny. Your behavior in the days and weeks following the accident directly impacts how much compensation you receive. Smart decisions now protect your ability to prove your injuries later. 

• Follow All Medical Advice Without Exception: Attend every appointment, complete prescribed therapy sessions, and take medications exactly as directed. Consistent treatment proves your injury is serious and ongoing, not some minor pain you’re exaggerating to get money. 
• Preserve Physical Evidence From the Crash: Save damaged clothing, take photos of vehicle damage and visible injuries, and keep all accident-related items. Physical proof makes your injuries real and harder for insurance adjusters to dismiss. 
• Report New or Worsening Symptoms Immediately: Tell your doctor right away if your pain gets worse; new problems develop, or treatments stop working. Delayed reporting of symptoms gives insurance companies ammunition to claim they’re unrelated to your crash. 

First Steps to Take After a Car Crash in Chicago to Protect a Back Injury Claim 

The actions you take in the first hours and days after your crash have an impact on the success of your back injury claim. Not taking these steps can help to give insurance companies the ammunition they need to devalue or deny your claim. 

• Call 911 Immediately: Request police and ambulance response to document the crash and get medical attention to the scene more quickly. 
• Stay in Your Vehicle if Safe: Don’t move around or get out unless absolutely necessary, especially if you feel any back pain or stiffness. 
• Accept Ambulance Transport if Offered: Paramedics can evaluate your condition and emergency room records create immediate documentation of your back pain and other injuries. 
• Go to the ER or Urgent Care the Same Day: Even if you refuse ambulance transport, seek medical attention within hours of your Chicago car crash. 
• Tell Medical Providers About All Symptoms: Describe any back pain, stiffness, tingling, or discomfort to doctors, even if it seems minor to you.
• Report the Crash to Your Insurance Company: Provide only basic facts about the accident date, time, and location. Do not discuss fault or your injuries in detail. 

Contact Cooney & Conway at (800) 322-5573 as soon as your injuries have been stabilized. We are ready to begin protecting your legal rights from day one. When we represent you, we can investigate the crash, gather evidence and witness statements, and manage all communication with the insurance company. 

Frequently Asked Questions About Back Injury Claims From a Car Crash 

Is it hard to prove a back injury from a car accident? 

Yes. Back injuries are among the hardest crash injuries to prove because soft tissue damage doesn’t show up on X-rays, and symptoms may often appear days after the accident occurred. Insurance companies take advantage of these delays and diagnostic limitations to reduce payout on a back injury claim or even deny it fully. To support a car crash back injury claim, victims need to seek immediate medical attention, get an MRI or other advanced imaging tests, and follow through with consistent treatment to build a provable case in Chicago, Illinois. 

How do you prove back pain from a car accident?

To prove back pain from a car accident, you need to seek immediate medical care after the incident. Your medical documentation provides evidence that helps to link your back injury to the crash that caused it. Seek emergency care the same day, get MRI or CT scans within weeks, and continue your medical treatment without delays or missing appointments. Follow your doctor’s recommendations and restrictions. We also recommend working with an attorney who can guide you throughout the legal process and help you avoid mistakes that could hurt your claim. 

What is the average settlement for a back injury from a car accident?

Settlement amounts vary dramatically based on the severity of your back injury. Other factors that impact your settlement include treatment costs, how long it takes you to recover, and how the injury affects your life. Minor strains may settle for several thousand dollars, while herniated discs requiring surgery can reach six figures or more. Each case is unique and deserves individual evaluation. 

Need Legal Help for a Car Crash Back Injury Claim? Call Cooney & Conway Today

Car crash back injuries face more insurance company resistance and scrutiny than many other types of injuries. Adjusters will try to find reasons to devalue or deny your claim without proper evidence.

At Cooney & Conway, we have a history of successfully securing compensation for our clients — including car crash victims with back injuries. During decades of seeking justice for injured victims throughout Chicago, we have recovered billions in compensation for our clients, and we are ready to help you too. We aggressively pursue every dollar you deserve.

Let our experienced Chicago law firm fight for your full compensation – call (800) 322-5573 today.