This is the last in a series of articles that have addressed cross-examining defense biomechanical experts and the field of biomechanics generally. Last month, I focused, in part, on the field of biomechanics as it related to all manner of slip-and-fall claims. This article will address the field of biomechanics as it relates to motor vehicle claims.
Those of us who practice personal injury law are familiar with a defense developed by Allstate Insurance Co. years ago called the MIST (minor impact soft tissue) injury defense. The defense has since been adopted by most other insurance companies. The defense is essentially a biomechanical defense focusing on the transfer of energy. The defendant will hire a biomechanical expert who will testify that it is impossible that the forces generated during the crash could have produced the injuries claimed by the plaintiff.
