The most difficult cases are those involving minor impact with a soft tissue injury (MIST), such as whiplash. The reason for the difficulty is apparent.  Insurance adjusters simply do not buy an injury with little or no damage to the vehicle.   The hire biomechanics to support the notion that such a small impact could not have injury producing forces to the body.  This may seem true at face value, but a closer look at the injured party may show otherwise.  To beat the crazed insurance company position, I try to determine if my client had objective findings by and through x-ray’s or an MRI to support their subjective complaints.  Secondly, I make the argument that the failure of material crush to my client’s vehicle means that his or her vehicle did not absorb the impact and thus all forces were placed upon the person.  Moreover, the age of my client (i.e. an older client) has more delicate muscles surrounding the spine that could easily become injured even upon the slightest impact.  Lastly, I try to promote the credibility of my client.  If the jury likes him/her the more believable they become. Although these types of case can be difficult to try, the pitfalls can be overcome with some creative and persuasive arguments.

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