What If My Doctor Won’t Say the Car Accident Caused My Injuries?
After a car accident, one of the most common questions people ask is: “What if my doctor won’t write that my injuries were caused by the accident?” In Texas, establishing causation is a critical step in a personal injury claim. You must prove both:
That the accident occurred due to someone else’s negligence.
That the injuries you suffered were directly caused or aggravated by the accident.
Without proper medical documentation connecting your injuries to the accident, it may be very difficult to recover compensation. This blog explains what to do if your doctor refuses to make that connection and how you can still protect your legal rights.
1. Why Your Doctor’s Opinion Is Critical
Insurance companies and courts rely heavily on medical documentation when evaluating personal injury claims. If your doctor refuses to state that the accident caused your injuries:
You may face a major hurdle in proving your case.
You could be limited to nominal damages, often $1 in Texas, which recognizes the accident occurred but provides no meaningful financial recovery.
You may need second or third opinions from other medical professionals who are willing and able to connect the accident to your injuries.
Example:
If you injured your neck in a fender-bender and your doctor refuses to document the link to the accident, an insurance adjuster or judge may dismiss the claim or offer a minimal settlement, leaving you without adequate compensation.
2. Pre-Existing Injuries and the “Eggshell Plaintiff” Rule
Even if you had pre-existing injuries, you may still be entitled to compensation under the eggshell plaintiff doctrine:
This legal principle allows recovery if a pre-existing condition was aggravated by the accident.
The key is having a doctor document that the accident worsened your pre-existing condition.
If your doctor refuses to support this theory, it can make it difficult to pursue your claim. However, other qualified specialists may be able to provide the documentation you need to establish causation.
Example:
You had mild back pain before the accident, but the crash significantly worsened it. If your current doctor refuses to document this aggravation, an orthopedic or pain management specialist might be able to provide evidence linking the accident to your increased injuries.
3. Understanding the Legal Standard for Medical Causation in Texas
In Texas, you don’t need absolute certainty to prove that your injuries were caused by an accident. The standard is:
“To a reasonable degree of medical probability.”
In simpler terms, you only need to show a greater than 50% chance (51%) that the accident caused your injuries.
This is important because:
You don’t need a 100% guarantee from a doctor.
You only need a propensity of the evidence supporting a causal connection between the accident and your injuries.
Even if your doctor is hesitant, other medical professionals may still meet this legal threshold.
Example:
An MRI may not show clear damage, but a neurologist can document that, based on symptoms, testing, and accident mechanics, there is a reasonable probability that the accident caused the injury.
4. Steps to Take If Your Doctor Won’t Provide Causation
Seek a Second Opinion – Another physician may be willing to evaluate your injuries and provide documentation linking them to the accident.
Consult a Specialist – Depending on the type of injury (orthopedic, neurological, spinal, or soft tissue), a specialist may provide stronger evidence.
Work With an Experienced Personal Injury Attorney – Attorneys know how to present medical evidence effectively, and they can guide you to doctors who understand how to document causation for legal purposes.
Collect Comprehensive Medical Evidence – Keep all medical records, imaging studies, and treatment notes to support your claim.
By following these steps, you can overcome the obstacle of a doctor unwilling to document causation and maximize your chances of obtaining fair compensation.
5. What Happens If You Can’t Establish Causation
If no doctor will connect your injuries to the accident:
Your case may be considered weak or non-existent.
Insurance companies may offer nominal settlements that are far below your actual damages.
You might need to face the reality that, without medical support, pursuing a personal injury claim may not be successful.
However, before giving up:
Consider multiple opinions from qualified doctors.
Gather any diagnostic tests, treatment notes, or symptom logs that can support causation.
Work with an attorney who understands Texas personal injury law and can navigate the evidence requirements.
6. Conclusion
If your doctor won’t say your injuries were caused by a car accident, it can create a serious hurdle in your Texas personal injury claim. But all hope is not lost. By:
Seeking second or third medical opinions,
Consulting specialists familiar with accident-related injuries, and
Working with an experienced personal injury attorney,
you can often meet the legal standard of causation and pursue the compensation you deserve.
Remember, proving causation in Texas doesn’t require 100% certainty—just a reasonable medical probability, which can often be established with the right medical documentation.
