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The pain radiates down your arm. Your fingers tingle and sometimes go numb. Simple tasks like typing at work or lifting your child become increasingly difficult. When your doctor diagnoses thoracic outlet syndrome (TOS) after your car accident, you feel relieved to finally have answers—until your insurance claim is denied.
At Bollwerk & Associates, our St. Louis car crash lawyers understand the frustration and financial strain of denied TOS claims. Contact us today to learn how we may be able to help.
What Is Thoracic Outlet Syndrome?
Thoracic Outlet Syndrome is a condition that occurs when the blood vessels or nerves between your collarbone and first rib become compressed. This compression causes pain, numbness, and tingling in your shoulders, arms, and hands.
Car accidents commonly cause TOS because the sudden impact can damage or compress the thoracic outlet area, particularly during collisions that involve shoulder harness seat belts or when the neck experiences whiplash.
Why Insurance Companies Often View TOS Claims With Skepticism
Insurance adjusters approach thoracic outlet syndrome claims with caution for several reasons:
- TOS is difficult to diagnose. Doctors often diagnose TOS through a combination of physical examinations, symptom evaluation, and ruling out other conditions. This gives insurance companies room to question whether your condition truly exists or is as severe as claimed.
- TOS often has a delayed symptom onset. TOS symptoms may not appear immediately after a car crash. When symptoms develop days or weeks later, insurance companies may argue that your condition isn't related to the accident. They might suggest your pain stems from a pre-existing condition or everyday activities rather than trauma from the collision.
- Symptom reporting can be subjective. Many TOS symptoms—like pain, numbness, and tingling—can't be objectively measured. Insurance adjusters may imply you're exaggerating your symptoms for financial gain.
- Medical literature is open to interpretation. Some doctors remain skeptical about certain aspects of TOS, particularly the neurogenic form that's most common after accidents. Insurance companies seize on this professional disagreement to suggest your diagnosis isn't medically sound.
- Treatment can be expensive. TOS often requires extensive physical therapy, medication, and sometimes surgery. This motivates insurance companies to scrutinize these claims closely.
How to Strengthen Your TOS Claim
Proper medical documentation is a vital part of a successful TOS claim. At Bollwerk & Associates, we recommend that Missouri car accident victims:
- Seek immediate medical attention. Even if symptoms seem minor at first, seeing a doctor promptly after your accident creates an official record linking your injury to the crash. This initial documentation makes it harder for insurers to claim your condition developed from unrelated causes.
- Follow all recommended treatment plans. Attend every recommended appointment with physicians, physical therapists, and specialists. Gaps in your treatment history give insurance companies an opening to claim your injury isn't serious or that you contributed to your condition by neglecting medical advice.
- Request detailed medical notes. Ask your doctors to thoroughly document all symptoms, physical examination findings, and how your condition affects daily activities. Medical records that include specific observations about muscle weakness, reduced grip strength, or positive clinical tests for TOS provide stronger evidence than vague pain complaints.
- Complete all recommended testing. While no single test confirms TOS, nerve conduction studies, vascular imaging, and other diagnostic procedures can help rule out alternative explanations for your symptoms. These objective findings strengthen your claim by providing measurable evidence of abnormalities.
- Keep a symptom journal. It’s a smart move to document how TOS affects your daily life by recording pain levels, activities that cause flare-ups, and limitations you experience. This personal record supplements your medical documentation and demonstrates the real-world impact of your injury.
How a St. Louis Car Crash Lawyer Can Help You Fight for Fair Compensation
When you’re facing a denied TOS claim, working with an experienced attorney can dramatically improve your chances of receiving fair compensation. Here’s what you can expect when you work with Bollwerk & Associates to resolve your claim:
- Medical expert coordination. Our St. Louis car crash lawyers can connect you with medical experts who specialize in thoracic outlet syndrome. These experts can provide credible testimony about your condition, explaining how the accident caused your TOS and defending your diagnosis against insurance company challenges.
- Comprehensive evidence collection. Beyond medical records, we will gather accident reports, witness statements, and biomechanical evidence showing how the specific forces in your crash could cause TOS. This comprehensive approach builds a stronger causal link between the accident and your injury.
- Insurance negotiation expertise. Our experienced lawyers understand insurance company tactics and how to counter them effectively. They can communicate with adjusters on your behalf, present your evidence persuasively, and negotiate from a position of strength rather than desperation.
- Documentation of all damages. TOS can affect your life in numerous ways beyond direct medical costs. We will help document lost wages, reduced earning capacity, and non-economic damages like pain and suffering to ensure your compensation reflects the full impact of your injury.
- Litigation preparation. We will prepare your case as though it's going to trial from the beginning, strengthening your negotiating position and ensuring you're ready if litigation becomes necessary.
