How to Win a Personal Injury Case
A personal injury case is a claim for compensation that is based on someone else's negligence. You could lose a significant amount of compensation if trying to deal with insurance agents or navigate Florida law without the help of a seasoned attorney.
Like all civil lawsuits, injury claims start with a complaint. The document identifies the parties involved, details the wrongful act and describes what you're requesting in terms of compensation.
Medical Treatment
As part of your injury case you must undergo regular medical treatment. This is essential to determine the severity of your injuries as well as the extent of them to receive an adequate settlement for your claim. There are a variety of circumstances that may prevent you from attending and keeping appointments with your doctor. This includes unrelated illness such as work commitments, travel issues, and a host of other things that can affect your regularity of appointments with your doctor.
In general, any major injury or illness diagnosed should be recorded as soon as it is recognized, regardless of whether or not medical treatment is required. For records-keeping purposes, cancer, chronic irreversible illness, fractured or cracking bones and punctured eardrums are all considered to be significant diagnoses.
Some procedures are not considered medical treatment. This includes hospitalizations for observation, Xrays and medical examinations. Also excluded are HIV testing and HBV antibodies related to occupational exposures as well as counseling for stress related to it. Medical treatments include treatment for wounds and multiple soakings in bathtubs, antibiotic therapy and whirlpool therapy.
However, gaps in medical treatment should be avoided to the greatest extent possible. Insurance companies can take advantage of a lack of uniformity of treatment to prove you're not really as injured as you claim. This is why it's vital to keep track of each visit, symptom and medical bill for your injury.
Documentation
Documentation is a crucial element of any injury lawsuit. In the event of a car accident, truck crash or any other type of incident that results in injuries, the more documentation you have available the easier it will be for your attorney to show the negligence of your side and show that you sustained damages as a result the incident.
Medical records are essential in showing the severity of your injuries. These documents include medical bills receipts for medicines, as well as other treatments such as the use of physiotherapy, imaging studies like MRIs or CT scanners.
Other important documentation is a written incident report generated by law enforcement personnel at the scene of the accident. It is also important to take pictures of your injuries and the accident scene at different angles and distances in order to capture as many details as you can.
injury attorney baldwin park but not least, you should document any loss of wages by submitting a letter on company letterhead from your employer that outlines the number of days or hours you were unable to work due your injuries. Additionally, your lawyer could consult with an economist or a life care planner to help you estimate the future losses that could be caused by your injury and demonstrate the necessity for compensation to cover these expenses. Expert witness testimony can be very effective in a personal injuries case. The more documentation that you are able to gather, the more likely your injury lawyer will be to successfully negotiate on your behalf a fair and full settlement with the insurance company of the person at fault.
Witnesses
Witnesses play a vital role of any injury case. They can be the difference between winning or losing your case. They can provide additional evidence about the incident, and their testimony can prove how the accident impacted your life. The more witnesses your lawyer has, the stronger your case will be.
The first type of witness is an expert. An expert witness is a person who's training, education or work experience and the reputation within a specific area makes them a qualified to give their opinion on an issue during a trial. For instance an expert witness could be a physician who can testify about the extent of your injuries or treatment you'll need in the near future.
An expert witness can be a surgeon or someone who can explain the reason for your injury. For instance, if are suffering from a leg injury an orthopedic surgeon will be able to tell the jury the reason for your injury. Experts can also be used to explain why a defect in a vehicle can be risky or to help jurors understand medical questions.
A skilled personal injury lawyer will know which experts to speak with in the case. They can also find the most reliable eyewitnesses. They might not be willing to speak on your behalf, but an lawyer who is polite and persistent will get a lot of witnesses to make a formal statement. Your lawyer may also issue a subpoena, and threaten to file a suit which will often convince witnesses to take part in your personal injury claim.
Social Media
When a person recovering from a major injury, it can be tempting to let family and friends know how content they are through social media posts. However, this could hurt your personal injury case. Slate published a recent article that gave real-life examples of how social practices of victims' media use can affect their court case. For instance, if in serious pain and suffering as a result of your injuries and you post a photo of you smiling and laughing on Facebook or Instagram the lawyer representing the defendant will utilize that evidence to prove that your claims of extreme pain are exaggerated.
A significant portion of your compensation in a personal injury lawsuit is for non-economic losses such as suffering and pain. The at-fault party and their insurance company will make use of every piece of evidence they can discover to decrease the monetary amount of your claim. This includes your profile on social media, your accounts or photos with tags, as well as private messages.
To stop this from happening, restrict your use of social media and request your family and friends to do the same. If you're planning to use social media, ensure that you've got your privacy settings set up so that only those you're connected to have access to your content. In certain cases the attorney might suggest that you avoid using social media while your case is in progress.