Settlement Negotiations

With Objective Evidence of the Injury

As a personal injury attorney, having solid, objective evidence is key to the success of your case. Dynamic Motion X-ray and DynaROM studies provide exactly that — definitive, visual proof of injury that supports your client’s claims and can eliminate the uncertainty that often arises in injury cases. 

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Definitive Proof of Whole Body Impairment

The pain a client feels after a whiplash injury is caused by torn ligaments and uncontrollable muscle spasms (Guarding). Once torn, ligaments will never return to full function, and some degree of muscle guarding will become permanent. DMX and DynaROM demonstrate the damage and Whole Body Permanent Impairment Rating. 

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Strengthening the Case for Maximum Injury Award

DMX provides clear, objective evidence of spinal instability and permanent impairment, while DynaROM quantifies the injury’s impact on a range of motion, muscles, and daily activities. Together, they strengthen the case for a maximum injury award by demonstrating the long-term, life-altering consequences of the injury

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Increasing Claim Reserve Amounts

DMX and DynaROM provide definitive evidence of ligament damage, instability, and muscle guarding, which should prompt third parties to increase the reserve amount on your client’s case. This helps secure a higher settlement offer and strengthens the case for a maximum injury award.

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Counter Over-Treatment Arguments

DMX and DynaROM provide clear, objective evidence of ligament damage, instability, and functional limitations, which helps prevent arguments of over-treatment by justifying the necessity of ongoing care.

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Defend Claims of Symptoms Exaggeration

DMX and DynaROM provide clear, objective evidence of the severity of the injury, a counter to the claim of exaggeration, increasing the likelihood of a fair settlement based on factual data.

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Overcoming "Just a Soft Tissue Injury" Claim

DMX and DynaROM work together to reveal the true extent and significance of soft tissue injuries, showing ligament damage, instability, and muscle guarding to overcome defense arguments that downplay the seriousness of injuries.

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Addressing the "No Objective Findings" Argument

DMX and DynaROM provide indisputable, measurable evidence of injury that counters the defense’s argument of ‘no objective findings,’ making it easier to prove the injury is legitimate and significant.

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Counter Negative X-ray or MRI Results

X-rays and MRIs often fail to detect ligamentous damage or functional instability, even in cases of severe trauma. When these traditional imaging methods return negative results, it becomes harder to negotiate a fair settlement.

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Defend the "Patient is Lying About Ongoing Complaints" Argument

DMX and DynaROM provide objective evidence of the injury, helping to eliminate claims of exaggeration. It proves the legitimacy of ongoing complaints and functional limitations.

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Refuting "The Patient Sustained No Permanent Injury" Claims

DMX and DynaROM provide definitive evidence of permanent injury, showing ligament damage, instability, and muscle guarding, which are ratable as permanent by the AMA Guides, support the need for long-term treatment, and refutes the claim of temporary injury

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Counter "There is No Need for Ongoing Palliative Care" Arguments

DMX and DynaROM provide undeniable evidence of ongoing injury and functional limitations, making a compelling case for continued palliative care.

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How DMX Enhances Your Case

Dynamic Motion X-ray (DMX) and DynaROM technologies are powerful tools for personal injury attorneys, providing clear, objective, and irrefutable evidence that can significantly increase the likelihood of securing a maximum injury award during settlement. By documenting ligament damage, spinal instability, and muscle guarding, DMX andDynaROM studies address many of the common challenges in personal injury litigation, including exaggeration claims, misdiagnosis, and disputes over the severity of the injury. Whether proving the severity of the injury, justifying the need for ongoing care, or showing how the injury impacts the client’s daily life, DMX and DynaROM are crucial assets in securing the compensation your clients deserve—often leading to a more favorable settlement without the need for trial.

Strengthening the Case for Maximum Injury Award

DMX provides clear, objective evidence of spinal instability, ligament damage, and permanent impairment, which are crucial components in securing a maximum injury award. By also showing that the injury results in ongoing, permanent pain during daily activities (duties under duress) and diminished ability to participate in activities they previously enjoyed (loss of enjoyment of life), DMX strengthens the argument that the injury has long-term, life-altering consequences. This comprehensive proof, backed by real, measurable data, helps attorneys demonstrate the true extent of the damage and supports the case for a maximum award settlement.

DynaROM enhances this by providing quantifiable data on the loss of range of motion and functional limitations caused by the injury. By measuring the degree of motion restriction and the impact on daily life, DynaROM adds another layer of objective proof to the argument, showing that the injury goes beyond pain and affects the person’s ability to function normally. It can provide further documentation of the patient’s physical limitations, reinforcing the permanent nature of the impairment and the ongoing impact it has on their quality of life.

How it Helps Attorneys:

  • By providing definitive evidence of spinal instability, permanent impairment, and the impact on daily activities with both DMX and DynaROM, attorneys can present a stronger case for a maximum injury award. The combination of visual and functional data clearly shows how the injury has permanently damaged the client’s quality of life and ability to perform routine tasks, which can significantly influence the final settlement offer. This powerful evidence makes it easier to argue for the maximum compensation your client deserves.

"There is No Need for Ongoing Palliative Care" Argument

When dealing with soft tissue injuries, defense teams often argue that ongoing treatment or palliative care is unnecessary. They might assert that the patient has recovered or that the pain isn’t severe enough to warrant long-term care. DMX and DynaROM studies provide visual objective proof of injury that cannot be dismissed, showing that the injury causes functional limitations that require ongoing symptoms and treatment. DMX highlights ligament damage and spinal instability.

DynaROM adds another crucial dimension by measuring the ongoing muscle guarding and motion restrictions caused by the injury, reinforcing the need for palliative care even after other treatments have ended. This data clearly shows that the injury is not “resolved” but remains an ongoing issue that requires long-term management.

How it Helps Attorneys:

  • DMX helps validate the necessity of ongoing care by offering objective evidence of injury that the defense can’t dispute. When the defense challenges the need to cover expenses for extended treatment, DMX provides a clear visual and quantifiable justification for why ongoing palliative care is required. By combining DMX and DynaROM, you can strengthen your client’s case for continued care and ensure that the need for treatment is appropriately recognized and compensated.

"The Patient Sustained No Permanent Injury" Claims

A common defense argument is that the plaintiff’s injuries are temporary and will heal over time, meaning there is no long-term damage. DMX can provide definitive evidence of permanent injury by identifying ligamentous damage, instability, and joint dysfunction. DynaROM complements the DMX by quantifying muscle guarding and measuring the range of motion, providing incontrovertible evidence that the injury is real, permanent, and requires long-term management and treatment in accordance with AMA guidelines for permanent impairment.

How it Helps Attorneys:

  • DMX provides clear evidence of permanent injury by documenting instability, ligament tears, and other indicators of long-term damage. DynaROM does the same for muscle guarding and ROM. The evidence provided by both technologies is crucial to establishing the long-term costs of medical treatment and the potential for permanent impairment. This comprehensive proof can significantly influence settlement negotiations and help secure a favorable court verdict.

Over-Treatment Argument

In some cases, opposing parties may argue that the plaintiff’s treatment was excessive or unnecessary, especially in soft tissue injury cases. A DMX study provides attorneys with the proof they need to demonstrate the therapy was appropriate based on clear evidence of ligamentous damage and spinal instability.

DynaROM’s role in this is critical, as it provides measurable data on how the injury has affected the patient’s ability to move or perform daily activities without pain. Combined with DMX, these tools offer irrefutable proof that the plaintiff was seriously injured and their treatment was necessary and justified, even in cases where traditional imaging often shows no significant findings. This objective data strengthens the argument that ongoing treatment is required to address the functional impact of the injury, even if the injury appears “minor” on surface-level assessments.

How it Helps Attorneys:

  • With the combined evidence from DMX and DynaROM, you can justify your client’s treatment, even if the injury appeared “minor” based on property damage. This ensures that treatment isn’t dismissed as excessive or unneeded, protecting the full value of your client’s claim and increasing the likelihood of a favorable settlement.

Defend Claims of Symptoms Exaggeration

One of the common challenges in personal injury cases is the defense’s argument that the plaintiff exaggerated their symptoms. Without objective evidence, it becomes a battle of the experts, and the one with the most credentials often decides who will win. DMX and DynaROM provide clear, irrefutable evidence to counter exaggeration claims. Thisis especially prevalent in soft tissue injuries, where the injury is often invisible on traditional imaging, and the extent of the damage can be challenging to prove. DMX captures real-time motion of the spine, revealing ligament tears and spinal instability.

At the same time, DynaROM measures the. Together, these technologies provide quantifiable data that eliminates subjective interpretation and strengthens the plaintiff’s case.

DynaROM plays a crucial role by quantifying the loss of motion, muscle guarding, and functional limitations, providing additional proof that the injury is genuine and not exaggerated. This objective evidence can help convince the defense, insurers, and even juries that the pain and disability reported by the plaintiff are real.

How it Helps Attorneys:

  • DMX and DynaROM provide hard, visual proof of injury that’s difficult to refute. By capturing the motion of the spine, identifying ligament tears, and measuring functional limitations, these tools reduce the reliance on subjective patient reports and significantly lower the chances of an exaggerated claims argument. Studies suggest that when objective evidence is introduced into a case, exaggerated claims are less likely to succeed, leading to a higher likelihood of settling the claim based on factual injury assessments.

Overcoming "Just a Soft Tissue Injury" Claim

Defense lawyers often minimize soft tissue injuries, such as the sprains and strains caused by whiplash, and many plaintiff attorneys struggle to prove the seriousness of these injuries.

DMX is particularly valuable because it objectively identifies soft tissue damage, ligamentous laxity, and spinal joint instability that traditional X-rays and MRIs cannot.

DynaROM adds significant value by providing quantifiable evidence of muscle guarding and loss of motion, a typical protective response to ligament damage.

The combination of DMX and DynaROM technologies allows you to demonstrate that a “soft tissue injury” is much more serious than what is often assumed. DMX shows the underlying structural damage to ligaments and joints. At the same time, DynaROM provides precise, measurable data on muscle guarding and loss of motion that result from the injury.

This combination can help reinforce the argument that the injury is not merely a temporary discomfort but a serious, ongoing issue that impacts the patient’s daily activities.

How it Helps Attorneys:

  • DMX provides the necessary evidence to show that what may seem like a simple “soft tissue injury” is actually a serious and debilitating condition. This is especially valuable in cases where the defense tries to downplay the injury or argue that the plaintiff’s condition isn’t severe enough to warrant compensation. By combining DMX and DynaROM, you present a clear, comprehensive view of the injury that can significantly influence settlement offers and counteract attempts to minimize the injury’s seriousness.

Addressing the "No Objective Findings" Argument

One of the most common defenses in personal injury cases is the claim that no objective findings support the plaintiff’s condition. Often, X-rays or MRIs come back negative or fail to prove the damage they visualize well was caused by the accident.

DMX eliminates this issue by providing real-time, objective imaging that highlights the functional impairments caused by the injury, including ligament tears and joint instability.

DynaROM’s role in this is crucial, as it captures objective proof of the protective muscle response to injury and measures the loss of range of motion. This additional data reinforces the findings from DMX and provides a more complete picture of the injury, further solidifying the claim that the injury is real and measurable.

How it Helps Attorneys:

  • DMX provides objective evidence when traditional imaging falls short. This data can be a powerful counterargument when the defense claims no objective findings exist to support the injury. With both DMX and DynaROM, you can prove that the injury is real and the consequences are permanent, ensuring the highest possible award for your client.

The "Patient is Lying About Ongoing Complaints" Argument

In some personal injury cases, the defense may argue that the patient is fabricating or exaggerating ongoing complaints to extend treatment or maximize compensation. DMX helps to combat this by providing clear, objective evidence of actual injury, including ligament tears, spinal instability, and joint dysfunction.

DynaROM’s data is especially valuable as it quantifies the degree of muscle guarding and range of motion limitations, further strengthening the case that the injury is causing lasting, functional impairments that are visible and measurable. The combination of DMX and DynaROM helps dispel any arguments that the patient is exaggerating their symptoms or extending treatment unnecessarily.

How it Helps Attorneys:

  • DMX’s ability to show tangible, objective evidence of injury, combined with DynaROM’s functional muscle activity data, eliminates the argument that the patient is lying. When defense attorneys or insurance adjusters claim that the symptoms are exaggerated, DMX and DynaROM provide irrefutable proof that the injury is significant and that the complaints are consistent with the documented findings, leading to a stronger case for fair compensation.

Counter Negative X-ray or MRI Results

DMX provides the missing link by showing the dynamic motion of the spine, revealing injuries such as ligament tears and spinal instability that static imaging cannot capture.

DynaROM is especially valuable because it measures the range of motion, functional limitations, and muscle guarding that persist long after most treatment programs have ended, highlighting the ongoing effects of the injury and demonstrating the long-term impact on the patient’s ability to move and perform daily activities. The objective proof of injury is an added data layer that strengthens the case, making it harder for the defense to diminish.

How it Helps Attorneys:

  • If you’ve encountered the issue of negative X-ray or MRI results, DMX can provide the evidence you need to argue your client’s case. It demonstrates the underlying issues that traditional imaging fails to capture. Adding Dynarom studies will provide quantifiable, functional data that reinforces the extent of the injury, ensuring that the full scope of the damage is represented in your negotiations.

Increasing Claim Reserve Amounts

One advantage of presenting definitive evidence of ligament tears, instability, and muscle guarding is the ability to increase the insurance company’s reserve amount for a claim. Doctors who use DMX and DynaROM can add ligament damage, spinal instability, and muscle guarding to their diagnosis at the onset of care. As these injuries are proven to persist when the patient reaches maximum medical improvement (MMI), insurance carriers typically allocate a higher reserve. A higher reserve allows for a higher settlement offer. It significantly increases the likelihood of securing a maximum injury award for your client.

DynaROM complements DMX by providing quantifiable objective data on the range of motion and functional muscle limitations caused by the injury. This data helps to substantiate the claim further, showing the ongoing impact of the injury, even as the patient reaches MMI. DynaROM provides another layer of evidence that strengthens the case for a higher reserve allocation by capturing the loss of function, muscle guarding, and lost motion.

How it Helps Attorneys:

  • How it Helps Attorneys: DMX and DynaROM provide the compelling proof necessary to show the full extent of the injury. This evidence allows you to request the insurance company to allocate a more substantial reserve for the claim, strengthening your position in settlement negotiations and increasing the chances of obtaining a more favorable outcome for your client.

Definitive Proof of Whole Body Impairment

Whiplash produces pain because spinal ligaments tear when the head whips back and forth. Unfortunately, ligaments heal with scar tissue and never function as before the injury. DMX provides clear, objective evidence of permanent ligament damage and instability, which is often severe enough to be rated as a Whole Body Permanent Impairment (WBI) according to AMA guidelines. Even in cases where the injury doesn’t meet the 3.5mm translation threshold for the highest impairment rating, DMX offers irrefutable proof that supports the claim for ligament damage, instability, and WBI. Objective proof eliminates ambiguity and strengthens your client’s case by showing the physical impact that traditional imaging methods may miss.

DynaROM complements the DMX by providing quantifiable data on the range of motion and muscle guarding caused by the injury. By measuring the loss of motion and degree of guarding, DynaROM adds a layer of clarity to the impairment. It confirms the permanent nature of the injury and helps solidify the claim. This objective data strengthens the argument that the injury is not temporary and will require ongoing management and treatment.

How it Helps Attorneys:

  • By combining the definitive proof from the DMX and DynaROM, attorneys can present a stronger, more compelling case for WBI. This robust, objective evidence significantly influences settlement negotiations, making it easier to argue for higher compensation. Providing clear visual and functional proof of the injury helps maximize compensation for your clients, often leading to a more favorable settlement without the need for trial.